IN THE CASE OF:
BOARD DATE: 9 July 2009
DOCKET NUMBER: AR20090003258
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 that the records of her late husband, the former service member (FSM), be corrected to show that he was a master sergeant (MSG).
2. The applicant states that the documents she has provided will verify that her husband was a MSG.
3. The applicant provides a newspaper article dated 8 July 1966 which shows that the FSM was promoted to MSG, pictures showing him wearing MSG rank insignia (stripes) on 8 August 2001 while receiving a Korean War award, and a letter she sent to the Human Resources Command St. Louis (HRC-STL) on 30 October 2008.
CONSIDERATION OF EVIDENCE:
1. The FSM's military records show that he enlisted in the Regular Army in February 1943 and was honorably released from active duty in December 1946. He enlisted again on 6 August 1948 and served continuously through reenlistments until his retirement.
2. The FSM's DA Form 20 (Enlisted Qualification Record), Item 33 (Appointments and Reductions) and his DA Form 24 (Service Record), Section 1 (Appointments, Promotions, or Reductions) shows he was promoted to the rank
of corporal (permanent) on 12 January 1949, and to sergeant (temporary) on 22 October 1953. He was reduced to corporal (permanent) on 7 May 1955. He was then promoted to sergeant (temporary) on 7 May 1955, to sergeant first class (SFC) (both temporary and permanent) (pay grade E-6) on 21 August 1958, and to SFC (both temporary and permanent) (pay grade E-7) on 27 June 1966.
3. All of the FSM's military records, to include the documents he signed when applying for retirement, show his rank as SFC after 27 June 1966.
4. The FSM was honorably released from active duty on 31 May 1971 and placed on the Retired List the following day. His DD Form 214 issued when he was retired shows his rank as SFC.
5. From 21 January 1951 to 30 May 1958 pay grade E-6 was a sergeant first class and pay grade E-7 was MSG, then the highest enlisted grade that could be attained. On 1 June 1958 the enlisted pay scale was revamped and expanded the seven existing pay grades to nine pay grades. In the new configuration, pay grade E-7 was a sergeant first class or platoon sergeant; pay grade E-8 was a first sergeant or master sergeant, and pay grade E-9 was a sergeant major.
DISCUSSION AND CONCLUSIONS:
1. The records conclusively show that the FSM was never promoted to the rank of MSG, pay grade E-8. As such, his rank is properly shown as SFC.
2. The date of the newspaper article submitted by the applicant coincides with the date of his promotion to SFC. As such, the article erroneously reported that he was promoted to MSG.
3. Due to the FSM's lengthy period of active duty, he served during a time when pay grade E-7 was the highest enlisted pay grade with a corresponding rank of MSG. It must be concluded that the FSM mistakenly thought he was being promoted to MSG because he had become accustomed to a Soldier in pay grade E-7 holding the rank of MSG.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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 the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of the FSM's service in arms.
_______ _ __X_____ ___
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) AR20090003258
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ABCMR Record of Proceedings (cont) AR20090003258
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