IN THE CASE OF:
BOARD DATE: 12 August 2010
DOCKET NUMBER: AR20100008690
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 widow of a deceased former service member (FSM), requests item 3 (Grade, Rate, Rank and Date of Appointment) on the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show sergeant instead of corporal.
2. The applicant states:
* After her husband was discharged he received a letter from the military department reinstating his rank
* She would like to have the correct rank on his grave marker
* He was presented the Purple Heart and he served his country well
3. The applicant provides:
* Discharge orders
* Enlistment record
* Award certificate and orders for the Purple Heart
* DD Form 215 (Correction to DD Form 214)
* Death Certificate
* Marriage License
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted in the Regular Army on 27 September 1950 for a period of 3 years. Section 12 (Appointments, Promotions, or Reductions) on the FSM's Service Record shows he was appointed to the temporary rank of sergeant on
15 October 1951. He served as a medic in Korea and received two awards of the Purple Heart.
2. Records show on 5 August 1953 the FSM's unit commander initiated a request that he be reduced from sergeant to corporal for inefficiency and conduct unbecoming a noncommissioned officer. This request for reduction was approved.
3. Section 12 on the FSM's Service Record shows he was reduced to the temporary rank of corporal on 11 August 1953.
4. On 26 September 1953, the FSM was honorably discharged.
5. Item 3 on the FSM's DD Form 214 shows the entry "Cpl" [corporal].
6. There is no evidence of record which shows the FSM was appointed to sergeant after 11 August 1953 or prior to his discharge on 26 September 1953.
7. Discharge orders show the FSM was discharged in the rank of corporal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the FSM received a letter from the military reinstating his rank to sergeant after he was discharged.
2. Evidence of record shows the FSM was reduced from sergeant to corporal on 11 August 1953. There is no evidence of record, and the applicant did not provide that letter, which shows his rank was subsequently restored to sergeant. His discharge orders and his DD Form 214 show he was a corporal at the time of his discharge on 26 September 1953.
3. In the absence of appointment orders to sergeant or that letter, regrettably, there is insufficient evidence on which to amend his rank on his DD Form 214.
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) AR20100008690
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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