IN THE CASE OF:
BOARD DATE: 12 August 2010
DOCKET NUMBER: AR20100008832
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 that his rank be changed to sergeant/pay grade E-6.
2. The applicant states that he held three jobs at one time. His military occupational specialty was 351.10 (Powerman); his commanding officer put him in charge of the motor pool, a sergeant's position; and he was also the mail clerk. He believes he earned his sergeant's stripes, but since his records were burned in the National Personnel Records Center (NPRC) fire, he has no proof.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. His records were seriously damaged in that fire. The available reconstructed record consists of copies of his DD Form 214, an Honorable Discharge Certificate, a DA Form 1270 (Transfer or Release to a Reserve Component of the Army), reassignment orders from Germany to France, reassignment orders to the United States for release from active duty, transfer orders from the Ready Reserve to the Standby Reserve, several military operator's licenses, and a diploma from the Southeastern Signal School.
3. The applicant was apparently inducted into the Army of the United States on 30 August 1954. He served in Europe and was advanced to private first class (PFC) on 19 November 1955. On 11 August 1956, he was separated early as an overseas returnee with an honorable characterization of service.
4. None of the available documents identify him as holding a rank higher than PFC.
5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. He believes he earned his sergeant's stripes because he held three jobs at once. One of them was a sergeant's position.
2. The applicant's records were damaged in the NPRC fire. None of the existing documents identify him as holding a rank higher than PFC.
3. The regulations governing the Board's operation require that records must be presumed to have been maintained in accordance with applicable law and regulations unless the applicant can provide evidence to overcome that presumption. There is nothing in the available records or in anything submitted by the applicant that does so.
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) AR20100008832
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100008832
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