IN THE CASE OF:
BOARD DATE: 24 July 2008
DOCKET NUMBER: AR20080007639
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, in effect, that the rank on his DD Form 214 (Report of Transfer or Discharge) for the period ending 30 June 1966 be changed from the permanent rank of sergeant first class/E-6 to sergeant first class/ E-7.
2. The applicant states that he retired as a sergeant first class/E-7 and due to a discrepancy on his DD Form 214 he has been paid as a staff sergeant/E-6.
3. The applicant provides a letter, dated 30 January 2008, from the National Personnel Records Center, St. Louis, Missouri; a Certification of Military Service; and four discharge documents.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted in the Army of the United States on 25 June 1943, served as a cook, and was honorably discharged for the purpose of enlistment in the Regular Army on 26 November 1945. He enlisted on 27 November 1945, served as a rifleman, and was honorably discharged on 4 March 1947. He enlisted again on 14 April 1948 and remained on active duty through continuous reenlistments until he retired on 30 June 1966.
3. Item 3a (Grade, Rate or Rank) on his DD Form 214 for the period ending
30 June 1966 shows the entry, SFC [sergeant first class] E-6 (P) [permanent].
4. Item 33 (Appointments and Reductions) on the applicants DA Form 20 (Enlisted Qualification Record) shows that he was promoted to the permanent grade of sergeant first class/E-6 effective 1 December 1951.
5. There is no evidence of record which shows the applicant was promoted to sergeant first class/E-7.
6. The Enlisted Grade Structure of the Army for the period 1 July 1955 to 31 May 1958 listed pay grade E-6 as sergeant first class and E-7 as master sergeant. The rank of sergeant first class, E-7 was not listed until 1 June 1958.
DISCUSSION AND CONCLUSIONS:
The applicants contentions were noted. However, evidence of record shows he was promoted to sergeant first class/E-6 on 1 December 1951. There is no evidence of record which shows he was promoted to sergeant first class/E-7 prior to his retirement. It appears item 3a on the applicants DD Form 214 for the period ending 30 June 1966 is incorrect since the enlisted grade structure of the Army listed pay grade E-6 as staff sergeant as of 1 June 1958, but it is the rank that is incorrect, not the pay grade. Therefore, there is no basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xx____ ___xx___ ___xx___ 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.
________xxxxx_________
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) AR20080007639
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