IN THE CASE OF:	  

		BOARD DATE:	        02 December 2008

		DOCKET NUMBER:  AR20080014457 


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 item 3 (Grade, Rate, Rank, and Date of Appointment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show that he was a staff sergeant (SSG)/E-6 at the time of his discharge from the Regular Army on 26 October 1953.

2.  The applicant essentially states that he was a SSG/E-6 at the time of his discharge from the Regular Army on 26 October 1953.  He also inquires whether the "T" shown after his rank of sergeant (SGT) in item 3 of his DD Form 214 stands for "technician."  

3.  The applicant provides his DD Form 214 that was issued at the time of his discharge from the Regular Army on 26 October 1953, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings; his Honorable Discharge Certificate, dated 26 October 1953; a letter, dated 20 April 1953, which indicated that he was Sergeant of the Guard on 20 April 1953; special orders, dated 6 October 1953, which granted ordinary leave to the applicant and other Soldiers; and a Certificate of Training, dated 10 April 1953 in support of this 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 show that he enlisted in the Regular Army on 
26 October 1950, and that he was honorably discharged after completing 3 years and 1 day of continuous active duty.  He later continued his military career in the Reserve Component (RC) and ultimately retired in the rank and pay grade of master sergeant/E-8.

3.  The applicant requested that item 3 of his DD Form 214 be corrected to show that he was a SSG/E-6 at the time of his discharge from the Regular Army on 26 October 1953.  However, he did not provide any evidence, and there is no evidence in the available records which shows that he was promoted to SSG/E-6 prior to his discharge on 26 October 1953.  It should be noted that the applicant authenticated his DD Form 214 with his signature, attesting to the accuracy of the information contained on this document.

4.  The applicant's military records show that he was not promoted to SSG/E-6 until August 1963 while in the RC, or nearly 10 years after his discharge on 26 October 1953.

5.  The applicant inquired whether the "T" shown after his rank of SGT in item 3 of his DD Form 214 stood for "technician."  It actually stood for "temporary."  

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on the preparation of entries on the DD Form 214.  It provided, in pertinent part, that the grade, rate, or rank and date of appointment in which a Soldier was serving at the time of separation would be entered, also indicating whether it was permanent or temporary, i.e., "SGT (P)" or "SGT (T)."  

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 3 of his DD Form 214 should be corrected to show that he was an SSG/E-6 at the time of his discharge on 26 October 1953.

2.  The applicant did not provide any evidence to support his contention that his rank at the time of his release from active duty was SSG and not SGT.  There is also no evidence in the available records which show that he was promoted to SSG/E-6 prior to his discharge on 26 October 1953.  The fact that the applicant authenticated his DD Form 214 with his signature, which shows that his rank was SGT and not SSG was also noted.  In view of the foregoing, there is insufficient basis for correcting his military records to show that his rank and pay grade at the time of his discharge on 26 October 1953 was SSG/E-6 instead of SGT/E-5.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ________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)                                         AR20080014457



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ABCMR Record of Proceedings (cont)                                         AR20080014457



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