IN THE CASE OF:
BOARD DATE: 22 July 2010
DOCKET NUMBER: AR20100001044
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 to his records to show he retired in the rank/grade of sergeant first class (SFC), E-7, instead of staff sergeant (SSG)/E-6, with entitlement to back pay and allowances.
2. The applicant states he noticed his 1960 and 1963 Honorable Discharge Certificates show his grade as SFC and he had been paid as an E-6.
3. The applicant provides copies of his Purple Heart certificate, his Certificate of Appreciation, and his 1960 and 1963 Honorable Discharge Certificates.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel defers requests and statements to the applicant and provides no additional documentation in support of the application.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. His military records show he was inducted into the Army of the United States in the rank/grade of private (PV1)/E-1 on 27 February 1952. He was honorably released from active duty on 27 November 1953, prior to the expiration of his term of service. He was transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.
3. He was issued a DD Form 214 (Report of Separation from the Armed Forces of the United States) that shows in item 3 his rank and date of rank as "SGT-T" [sergeant (temporary)], effective 30 March 1953.
4. He was honorably discharged from the USAR on 21 February 1960. His discharge certificate shows his rank/grade as SFC/E-6. He was issued a second Honorable Discharge Certificate that shows he was discharged from the USAR on 10 April 1963 in the rank/grade of SFC/E-6.
5. There is no available evidence to show he was promoted to the pay grade of E-7 prior to his 21 February 1960 or 10 April 1963 discharges from the USAR.
6. His records show he enlisted in the USAR in the rank/grade of specialist five (SP5)/E-5 on 1 May 1976. He was promoted to SSG/E-6 on 5 May 1979. He served continuously through several reenlistments until his honorable discharge, in pay grade E-6 on 30 November 1991. He was transferred to the Retired Reserve.
7. The enlisted grade structure of the Army shows the rank of SFC was pay grade E-6 from 21 January 1951 to 31 May 1958. The rank of SSG was not introduced until 1 June 1958 and became pay grade E-6. The rank of SFC became pay grade E-7 after 1 June 1958.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention is acknowledged. However, the available evidence shows he was temporarily promoted to SGT on 30 March 1953. He served in that pay grade until his release from active on 27 November 1953 and he was transferred to the USAR. He was honorably discharged from the USAR on
21 February 1960 in the rank/grade of SFC/E-6 and issued an Honorable Discharge Certificate. He was again honorably discharged from the USAR on
10 April 1963 in the rank/grade of SFC/E-6 and issued another Honorable Discharge Certificate. Although the rank of SFC as pay grade E-7 was introduced into the Army grade structure on 1 June 1958, there is no evidence of record and the applicant provided no evidence to confirm he was promoted to pay grade E-7 prior to his 1960 and 1963 discharges from the USAR.
2. The evidence also shows he enlisted in the USAR in the rank/grade of
SP5/E-5 on 1 May 1976. He was promoted to SSG/E-6 on 5 May 1979 and he was subsequently honorably discharged from the USAR on 30 November 1991 in that grade. There is also no evidence he was promoted to pay grade E-7 during his period of service in the USAR from 1975 to 1991. He was transferred to the Retired Reserve in the rank/grade of SSG/E-6. There is also no evidence of record and none was provided by the applicant him to confirm he was promoted to SFC/E-7 prior to 30 November 1991.
3. 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 this requirement.
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:
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) AR20100001044
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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