BOARD DATE: 13 July 2010
DOCKET NUMBER: AR20090020602
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 records to show he was discharged from the Army on 13 August 1949 in the rank of staff sergeant.
2. The applicant states he was a staff sergeant at the time he was discharged from the Army and when he was in Korea.
3. The applicant provides:
* a request pertaining to military records
* a picture
* a copy of Special Orders Number 29, dated 13 February 1951
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. On 14 August 1946, the applicant enlisted in the Regular Army for 3 years. He completed training as a military policeman.
4. He was honorably discharged on 13 August 1949 at the expiration of his term of service.
5. Item 3 (Grade) of his WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) shows he was discharged in the rank of sergeant. Item 38 (Highest Grade Held) shows his highest grade as technician third grade, which prior to the 1 August 1948 conversion of pay grades for enlisted personnel was equal to the rank of staff sergeant. After 1 August 1948, the rank of staff sergeant no longer existed until 1 June 1958.
6. On 13 August 1949, the applicant was furnished an Honorable Discharge Certificate showing his rank as sergeant.
7. On 26 March 2003, the applicant was issued a Certificate of Military Service showing he was honorably discharged on 13 August 1949 in the rank of sergeant.
8. A review of the enlisted rank/pay grade structure of the Army and the conversion of pay grades for enlisted personnel in effect at that time of the applicant's discharge consisted of grades 1 through 7: recruit (grade 7), private (grade 6), private first class (grade 5), corporal (grade 4), sergeant (grade 3), sergeant first class (grade 2), and master sergeant and first sergeant (grade 1).
9. Special Orders Number 29 submitted by the applicant show that after being ordered to active military service as a member of the U.S. Air Force effective 1 April 1951, he was involuntarily released from active military service on 31 December 1952 in the rank of staff sergeant. He was transferred to the U.S. Air Force Reserve to complete his service obligation.
10. War Department Technical Manual 12-235 (Enlisted Personnel Discharge and Release from Active Duty), then in effect, states a Report of Separation is completed using service records, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.
DISCUSSION AND CONCLUSIONS:
1. A review of the available records does not show the applicant was discharged from the Army in the rank of staff sergeant.
2. While he may have held the rank of staff sergeant at some point during his Army service, at the time of his discharge from the Army he held the rank of sergeant. His WD AGO Form 53 and his Honorable Discharge Certificate show he was discharged from the Army on 13 August 1949 in the rank of sergeant.
3. The applicant was discharged from the Army in the rank of sergeant and his records properly reflect this information.
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) AR20090020602
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ABCMR Record of Proceedings (cont) AR20090020602
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