IN THE CASE OF:	  

	BOARD DATE:	  3 June 2008

	DOCKET NUMBER:  AR20080003771 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show his rank upon discharge as corporal (CPL) instead of private first class (PFC).

2.  The applicant states that he honorably served his country during the Korean War and was discharged as a PFC only because the paperwork for his advancement had not been completed.  He was told if he wanted to stay around for a couple of weeks, the error would be corrected; however, he was anxious to get home, and his rank remained as PFC.

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 15 December 1954, in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active service in Omaha, Nebraska, on 6 January 1953, in the rank of private (PVT).   This form also shows that he was assigned to Battery B, 5th Field Artillery Battalion.

4.  The applicant's DD Form 214 further shows he completed 1 year, 6 months, and 8 days of foreign service.  He was awarded the National Defense Service Medal and the Army of Occupation Medal with Germany Clasp, suggesting that he completed at least 30 days of foreign service in the European Theater. 

5.  The applicant’s DD Form 214 also shows he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on
15 December 1954.  He completed 1 year, 11 months, and 10 days of creditable military service.  

6.  Item 3 (Grade, Rate, Rank and Date of Appointment) of the applicant's DD Form 214 shows the entry “PFC (T) 21 Sep 53” indicating he was appointed to the rank of PFC on 21 September 1953 and was discharged as a PFC.  

7.  The applicant’s reconstructed records are void of orders showing he was promoted or appointed to CPL.  

8.  The 2nd Battalion 5th Field Artillery was constituted in the Regular Army as a Light Artillery Regiment in January 1907, and organized in May with existing units at Fort Leavenworth, Kansas and the Philippines.  It was reorganized and redesignated as Battery B, 5th Field Artillery Battalion and was assigned to the 1st Expeditionary Division in June 1917.  After service in World War I (WW I), the battalion inactivated at Camp Bragg, North Carolina, then reactivated at Madison Barracks, New York in December 1939.  In October of 1940, the battalion reorganized and redesignated as the 5th Field Artillery Battalion departed for England in August 1942 in support of the 1st Infantry Division.  During World War II the battalion saw action in eight campaigns.  The battalion redesignated as Headquarters and Headquarters Battery, 2nd Howitzer Battalion, 5th Artillery, and activated on 25 June 1958 in Germany, spending the Cold War in Europe.  It was redesignated as 2nd Battalion, 5th Field Artillery on 25 June 1964.  The Battalion was assigned to 1st Infantry Division on 15 April 1983. The battalion was inactivated and relieved from assignment to the 1st Infantry Division on
15 August 1991.  The battalion was reactivated at Fort Sill, Oklahoma, in April 1996. 

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  In the version in effect at the time, Item 3 showed the rank in which the Soldier was serving in at the time of separation with an indication whether the rank was permanent or temporary, as well as the date of rank or appointment.  If the date of rank was different from date of appointment, an entry was made in the remarks section of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that the applicant was appointed to the temporary rank of PFC on 21 September 1953 and was released from active duty on
15 December 1954 in that grade.  There is no evidence and the applicant did not provide substantiating evidence that shows he was appointed or promoted to the rank CPL.  Therefore, there is insufficient evidence to change the applicant's rank from PFC to CPL in this case.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


								XXX
      _______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080003771



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ABCMR Record of Proceedings (cont)                                         AR20080003771



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