IN THE CASE OF:
BOARD DATE: 26 August 2010
DOCKET NUMBER: AR20100007558
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 reconsideration of the Board's denial to change his
DD Form 214 (Report of Separation from the Armed Forces of the United States) and his Honorable Discharge Certificate to show his rank as corporal.
2. The applicant states he is provided a Certification of Military Service issued by the National Archives and Records Administration (NARA) that shows his last grade, rank, or rating was "corporal."
3. The applicant provides a copy of an NA Form 13038 (Certification of Military Service.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090009238 on 3 December 2009.
2. The NA Form 13038 submitted is new evidence which requires his case be reconsidered by the ABCMR.
3. The majority of the applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in St. Louis, MO in 1973. It is believed that the majority of the applicant's records were lost or destroying as a result of that fire.
4. The applicant's DD Form 214 indicates he was inducted into the Army of the United States on 17 September 1953. His military occupational specialty (MOS) is not shown in item 5 (Specialty Number or Symbol).
5. On 28 July 1955, the applicant was released from active duty. His DD Form 214 contains entries in the following items:
* item 3 (Grade, Rate, or Rank and Date of Appointment) - SP3 (specialist three) (T) 1 July 1955
* item 5 (Specialty Number or Symbol) - N/A
* item 28 (Most Significant Duty Assignment) - 1677 1st MP Co
These entries show he was a specialist three (temporary) effective 1 July 1955, his military occupational specialty (MOS) was not entered, and he was assigned as a 1677 (Military Police Supervisor) at the time of his release from active duty.
6. The applicant's Honorable Discharge Certificate, dated 31 August 1961, shows his rank as SP4 (specialist four/E-4).
7. The NA Form 13038 submitted by the applicant shows that records at NARA show his active service dates were from 17 September 1953 to 28 July 1955 and that his last grade, rank, or rating was corporal.
8. Special Regulations Number 615-360-1 (Separation of Enlisted Personnel), then in effect, stated the entry for
* item 3 was the grade in which serving at time of separation, whether permanent or temporary, and date of appointment
* item 5 of the DD Form 214 was "not applicable." This item was covered in the DA Form 493 (Separation Qualification Record).
9. Special Regulations No. 615-25-15 (Enlisted Personnel, Military Occupational Specialties), then in effect, shows the MOS of 1677 as a Military Police Supervisor.
10. The Institute of Heraldry website contains the history of U.S. Army enlisted ranks. It shows that Army Regulation 615-15, dated 2 July 1954, announced a new grade structure. The new titles for pay grade E-4 were corporal and specialist three. War Department Circular No. 670-3, dated 12 October 1955, stated the effective date for the above change was 1 July 1955. Certain circumstances dictated an individual receive an automatic conversion from corporal to specialist three.
11. Department of the Army Message 344303, dated June 1958, added enlisted grade E-8 and E-9 and restricted titles of certain existing ranks. Specialist three was restructured to specialist four at that time.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his rank on his DD Form 214 and Honorable Discharge Certificate should be changed to corporal.
2. The applicant's actual MOS is not available due to the fire in St. Louis in 1973. However, his DD Form 214 indicates his last duty assignment was as a military police supervisor.
3. The exact circumstances under which an individual received an automatic conversion from corporal to specialist three effective 1 July 1955 are not known. However, it is likely that the conversions were based on MOS. However, the applicant's actual MOS is not known.
4. The applicant's rank on his Honorable Discharge Certificate was likely based on the rank entered on his DD Form 214 and the additional restructuring of rank titles in 1958.
5. The ranks of corporal, specialist three, and specialist four all represent the same pay grade. Therefore, there is no promotion or demotion involved in the changing of the rank titles. Due to the uncertainty of the exact circumstances under which individuals were automatically converted from corporal to specialist three, the applicant's actual MOS being unknown, and the fact that NARA records show the applicant's last rank as a corporal, it would be appropriate to change his rank on his DD Form 214 to corporal. In addition, it would therefore be equitable to change his rank on his Honorable Discharge Certificate to corporal.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20090009238, dated 3 December 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. Amending item 3 of his DD Form 214 to read Corporal (T) 1 July 1955; and
b. Reissuing an Honorable Discharge Certificate identifying him as a corporal.
_______ _ _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) AR20100007558
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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