IN THE CASE OF:
BOARD DATE: 16 JUNE 2009
DOCKET NUMBER: AR20090000030
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 his military records be corrected to show his rank at the time of his discharge, on 4 April 1952, was sergeant (SGT) instead of corporal (CPL).
2. The applicant essentially states that he was receiving pay as a SGT at the time of his discharge.
3. The applicant provides an Enlisted Record, Honorable Discharge Certificate from his service in the Missouri Army National Guard from 16 June 1947 to
24 June 1948, his DD Form 214 (Report of Separation from the Armed Forces of the United States), and his Honorable Discharge Certificate from his service in the Regular Army from 25 June 1948 to 4 April 1952 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 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 majority of the applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the majority of the applicant's records were lost or destroyed in that fire. However, the applicant provided a sufficient amount of documents to conduct a fair and impartial review of this case.
3. The applicant's military records show that he served in the Missouri Army National Guard from 16 June 1947 to 24 June 1948, at which time he was honorably discharged in the rank of private first class in order to enlist in the Regular Army. On 25 June 1948, he enlisted in the Regular Army and served on active duty until he was honorably discharged on 4 April 1952. His DD Form 214, which the applicant authenticated with his signature, shows that his rank at the time of discharge was CPL with a date of appointment to this rank of
21 May 1951.
4. The applicant provided no evidence which shows that he was promoted to, was serving in, or was paid at the rank of SGT at the time of his discharge on
4 April 1952.
5. 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 his military records should be corrected to show his rank at the time of discharge on 4 April 1952 was SGT instead of CPL.
2. While the sincerity of the applicant's claim to have been paid as a SGT is not questioned, he provided no evidence to support his claim, and the available evidence clearly shows that he was serving as a CPL at the time of his discharge on 4 April 1952. The applicant also authenticated his DD Form 214 with his signature, attesting to the accuracy of the information contained on this form.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. In view of the foregoing, there is insufficient basis for granting relief to the applicant in this case.
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. While the Board regrets that a more favorable response could not be accomplished, it wants to thank the applicant for the sacrifices made by him in service to the United States during his military service, and especially during the Korean War. 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.
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