BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090014068 


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, the son of a deceased former service member (FSM), requests correction of his father’s records to show his highest rank held was staff sergeant (SSG) or sergeant first class (SFC).  

2.  The applicant states the FSM attained the rank of SSG or SFC during the period 5 November 1941 to 21 November 1955 but he was reduced in rank to private first class (PFC) because of alcoholism.  He states the Army should have recognized the FSM’s addiction and treated him or discharged him at the highest rank he held.  

3.  The applicant provides the following documents in support of his application:

* Letter addressed to congressman, dated 29 May 2009
* Letter addressed to Chief of Staff, U.S. Army, dated 27 February 2007
* Letter from the National Personnel Records Center, dated 19 August 2005
* Three separation documents

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 FSM’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.  The FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows he entered active duty on 5 November 1941 and was discharged on 24 May 1945.  His WD AGO Form 53-55 shows his highest grade held was PFC.

4.  The FSM reenlisted on 15 May 1947 and was discharged on 22 March 1950.  His 22 March 1950 DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he was discharged as a sergeant (SGT) with a date of rank of 31 August 1948.  

5.  The FSM reenlisted on 23 March 1950.  He entered this period of active duty in the rank of SGT.  The FSM was discharged on 21 November 1955 under the provisions of Army Regulation 635-209 by reason of unsuitability.  His 21 November 1955 DD Form 214 shows he was discharged as private (PVT)/ 
E-2.  This discharge document also shows he had 404 days of lost time.  

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version in effect at the time indicated that the entry grade and pay grade in which member was serving at time of separation would be entered in item 3 (Grade, Rate, and Date of Appointment) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his father attained the rank of SSG or SFC during the period 5 November 1941 to 21 November 1955.  However, the FSM’s 22 March 1950 DD Form 214 shows he was promoted to SGT with a date of rank of 31 August 1948.  No evidence is available which shows the FSM was ever promoted to SSG or SFC prior to this discharge in 1955.  

2.  The applicant also contends his father was reduced to PFC because of alcoholism and the Army should have recognized his father’s addiction and treated him or he should have been discharged in the highest rank held.

3.  The evidence available to the Board does not confirm the applicant’s father suffered from alcohol addiction or that his reduction to PV2 in 1955 was related to alcoholism.  The applicant should be aware the Army does not reduce a Soldier based solely on alcoholism.  Rather an individual’s misconduct, which may involve alcohol related incidents, can and often does result in reduction and/or discharge.

4.  In the absence of error or injustice, there is no basis to grant the applicant’s request to restore his father’s rank because the applicant believes his father’s reduction was a result of alcohol addiction.  The Army would not excuse a Soldier’s misconduct because of alcoholism nor would it restore one’s rank for that reason.

5.  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 the aforementioned requirement.  

6.  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:

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)                                         AR20090014068



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ABCMR Record of Proceedings (cont)                                         AR20090014068



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