IN THE CASE OF:
BOARD DATE: 22 December 2009
DOCKET NUMBER: AR20090012177
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his retired rank/grade as that of command sergeant major (CSM)/E-9 instead of sergeant major (SGM)/
E-9.
2. The applicant states that he was promoted to SGM on 27 November 1965 as the SGM of the 1st Engineer Battalion, 1st Infantry Division. He adds that all the correspondence he receives from the Department of Defense indicates his rank as that of a CSM. He would like his DD Form 214 corrected to show CSM so he may have his retired military identification card corrected.
3. The applicant did not provide any additional documentary evidence 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 records show he initially enlisted in the Regular Army (RA) on 23 March 1948 and held military occupational specialty (MOS) 518.70 (Construction Specialist). He subsequently executed several reenlistments in the RA, served in various staff and leadership positions within and outside continental United States, and held MOS 11B (Infantryman), 51H (Construction Foreman), and 12B (Combat Engineer). He was promoted through the ranks to master sergeant/first sergeant (1SG)/E-8 (permanent) on 26 October 1961.
3. On 12 July 1965, the applicant was reassigned as a company 1SG with his unit, Company B, 1st Engineer Battalion, from Fort Riley, KS, to the 1st Infantry Division, Korea.
4. On 1 October 1965, the applicant was assigned as the 1st Engineer Battalion CSM and on 27 November 1965 Headquarters, 1st Infantry Division, Korea, published Special Orders Number 290, announcing the applicant's temporary appointment to the grade of SGM.
5. On 18 June 1966, and subsequent to completion of his Korea tour, the applicant was reassigned from Korea to Headquarters, U.S. Army Engineer Center, Fort Belvoir, VA, and was assigned on 6 August 1966 as the S-3 SGM.
6. On 21 December 1967, the applicant requested voluntary retirement. His request was subsequently approved and he was honorably retired on 31 July 1968 and placed on the Retired List in his retired rank of SGM on 1 August 1968.
The DD Form 214 he was issued shows he completed over 20 years of creditable active service. Items 5a (Grade, Rate, or Rank) and 5b (Pay Grade) of this form show the entries "SGM" and "E-9" and item 6 (Date of Rank) shows the entry "27 Nov 65."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. It also states, in
pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The active duty grade or rank and pay grade at the time of separation is entered in items 5a and 5b and the effective date of promotion to the current pay grade (from the most recent promotion or reduction order) is entered in item 6.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms that the applicant was promoted to SGM/E-9 on 27 November 1965. His records also show he performed duties as a battalion CSM from 10 October 1965 to 18 June 1965 while assigned to the 1st Engineer Battalion in Korea. However, subsequent to his service in Korea, he was reassigned to Fort Belvoir, VA, and performed duties as the S3 SGM of the U.S. Army Engineer Center.
2. The applicant's service as a battalion CSM in Korea is not in question. However, the evidence of record shows that at the time of his release from active duty and retirement, the applicant held the rank of SGM, not CSM, and that this rank is correctly shown on his DD Form 214. There is neither an error nor an injustice.
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 him in service to our Nation.
The applicant and all Americans should be justifiably proud of his 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) AR20090012177
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