IN THE CASE OF:	  

		BOARD DATE:	  25 June 2009

		DOCKET NUMBER:  AR20090003551 


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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his grade and date of appointment as staff sergeant (S/Sgt) effective 14 November 1951, instead of sergeant (Sgt).

2.  The applicant states that he was promoted to S/Sgt on 14 November 1951.  He adds that he was in the Philippines in 1945 and was promoted to Sgt/
grade 4 during the war.  When the war was over, he went to Japan and reenlisted for 3 years to go to Germany.  He was promoted to S/Sgt/grade 3 in Nuremberg in 1946 and returned to the United States in 1948 as an S/Sgt.  He then reenlisted for 4 years to go back to Germany.  However, there were too many Soldiers in the rank of S/Sgt, so he ended up going to Germany as a corporal (Cpl)/grade 4.  Nevertheless, he was promoted again to S/Sgt on 14 November 1951 and married his wife in Germany on 3 May 1952 as an S/Sgt. 
He was ultimately discharged on 12 December 1952; however, his discharge document shows his rank as that of Sgt.

3.  The applicant provides a copy of his DD Form 214, dated 12 December 1952; a photograph of his wife’s gravesite; pictures of his wedding; and a copy of his Honorable Discharge Certificate, dated 12 December 1952, in support of his request.


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.  With prior service, the applicant’s DD Form 214 shows he reenlisted in the Regular Army in the rank of Cpl at Camp Kilmer, NJ, for a period of 3 years on 30 September 1948.  This form also shows he extended his reenlistment for 1 year on 3 January 1949.

4.  The applicant’s DD Form 214 further shows that at the time of his separation he held military occupational specialty 1885 (Supply Specialist) and that his most significant duty assignment during this period was with the 7851st Quartermaster Depot Group.

5.  The applicant’s DD Form 214 also shows he completed 4 years, 2 months, and 13 days of active service during this period; 3 years, 8 months, and 16 days of which was foreign service.  He was honorably separated at Camp Crowder, MO, on 12 December 1952.  Item 3 (Grade, Rate, Rank, and Date of Appointment) of his DD Form 214 shows the entry, "SGT 14 Nov 51."

6.  There is no indication in the applicant’s reconstructed record that he was promoted to S/Sgt.

7.  The applicant provided photographs of what appears to be his wedding in which he displayed the rank of S/Sgt on his service uniform.

8.  The enlisted grade structure in the Army has changed several times since 1942.  During the period 1 September 1942 through 1 August 1948, the Army employed the following enlisted grade structure:

Grade 1	Master Sergeant (M/Sgt and 1st Sgt)
Grade 2	Technical Sergeant (T/Sgt)
Grade 3	Staff Sergeant and Technician 3rd Grade (S/Sgt)
Grade 4	Sergeant and Technician 4th Grade (Sgt)
Grade 5	Corporal and Technician 5th Grade (Cpl)
Grade 6	Private First Class (Pvt 1st Class)
Grade 7	Private (Pvt)

9.  During the period 1 August 1948 through 30 September 1949, the Army changed the enlisted grade structure as follows:

Grade 1	Master Sergeant (M/Sgt)
Grade 2	Sergeant First Class (Sfc)
Grade 3	Staff Sergeant and Technician 3rd Grade (Sgt)
Grade 4	Corporal (Cpl)
Grade 5	Private First Class (Pfc)
Grade 6	Private (Pvt)
Grade 7	Recruit (Rct)

10.  During the period 1 October 1949 through 21 January 1951, the Army changed the enlisted grade structure as follows:

Grade 1	Pvt/E-1
Grade 2	Pvt/E-2
Grade 3	Pvt 1st Class
Grade 4	Cpl
Grade 5	Sgt
Grade 6	Sfc
Grade 7	M/Sgt

11.  During the period from 21 January 1951 through 30 June 1955, the enlisted grade structure was as follows:

Grades 1 and 2	Private (Pvt)
Grade 3	Private First Class (Pfc)
Grade 4	Corporal (Cpl)
Grade 5	Sergeant (Sgt) (with rank insignia of three stripes and one     "rocker," the same as the rank for today's Staff Sergeant)

Grade 6	Sergeant First Class (Sfc)
Grade 7	Master Sergeant (M/Sgt)

12.  On 1 June 1958, the Army changed the enlisted rank structure to the one we know today, as follows:

E-1	Private/Recruit
E-2	Private
E-3	Private First Class
E-4	Corporal/Specialist [Specialist Four]
E-5	Sergeant [Specialist Five]
E-6	Staff Sergeant [Specialist Six]
E-7	Sergeant First Class/Platoon Sergeant [Specialist Seven]
E-8	Master Sergeant/First Sergeant [Specialist Eight]
E-9	Sergeant Major [Specialist Nine]

13.  War Department Technical Manual 12-236 (Preparation of Separation Forms) and Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms.  These regulations state, in pertinent part, that the purpose of the separation document is to provide the veteran with a separation certificate and a military or enlisted record and report of separation.  The DD Form 214 is prepared for all enlisted personnel separated from the service due to discharge, release from active duty or transfer to a Reserve Component, or retired.  Item 3 of the DD Form 214 shows the grade held at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his grade as that of S/Sgt.

2.  The applicant’s reconstructed records do not contain orders that show he was promoted to S/Sgt and the applicant did not provide sufficient evidence to support his contention.  Furthermore, the rank of S/Sgt was used prior to 1 August 1948.  During the period covered by the applicant's DD Form 214 (30 September 1948 to 12 December 1952) the rank of S/Sgt was not employed.

3.  In the absence of evidence to the contrary, it is presumed that the grade shown on his DD Form 214 is the correct grade he held at the time of separation. 
Therefore, there is insufficient evidence to grant him the requested relief in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ____X___  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.



      ____________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)                                         AR20090003551



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ABCMR Record of Proceedings (cont)                                         AR20090003551



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