BOARD DATE: 12 August 2010
DOCKET NUMBER: AR20100008932
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, in effect,
a. that the DD Form 214 (Certificate of Release or Discharge from Active Duty) of her deceased husband, a former service member (FSM), be corrected to show his retired rank/grade as that of command sergeant major (CSM)/E-9 instead of sergeant major (SGM)/E-9; and
b. that the FSM's burial plaque be corrected to show his date of death as 2 September 2008 and his rank/grade as CSM/E-9.
2. The applicant states her deceased husband's burial plaque shows an incorrect rank/grade and an incorrect date of death. She would like both corrected.
3. The applicant provides a copy of the FSM's DD Form 214 and a copy of the FSM's death certificate.
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 requests that her deceased husband's burial plaque reflect his correct date of death. This issue is not within the jurisdiction of this Board. The applicant is advised to contact cemetery administrative officials regarding this issue. Therefore, the issue of his date of death will not be discussed further in the Record of Proceedings.
3. Having had prior service in the Army National Guard, the FSM's records show he enlisted in the Regular Army (RA) on 4 September 1953. He subsequently executed several reenlistments in the RA, served in various staff and leadership positions within and outside continental United States, and held military occupational specialties (MOS's) 13Z (Field Artillery Cannon Senior Sergeant) and 71L (Administrative Specialist).
4. The FSM was promoted through the ranks to SGM/E-9 on 23 November 1975. On 1 November 1978, he was reassigned in MOS 13Z5H as an advisor to the U.S. Army Readiness Region, Fort Meade, MD, with duty in Raleigh, NC.
5. On 1 August 1979, the FSM requested voluntary retirement. On his application, he indicated his rank and pay grade as SGM/E-9 and his date of rank and MOS as 23 November 1975 and 13Z5L respectively.
6. Subsequent to approval of the FSM's request, Headquarters, Fort Meade, published Orders 223-194 reassigning him to the separation transfer point for the purpose of separation outprocessing. The orders list his rank as SGM.
7. The FSM was honorably retired on 31 January 1980 and placed on the Retired List in his retired rank of SGM on 1 February 1980. The DD Form 214 he was issued shows he completed over 26 years of creditable active service. Items 5a (Grade, Rate, or Rank) and 5b (Pay Grade) of this form show the entries "SGM" and "E-9" and item 6 (Date of Rank) shows the entry "75 11 23."
8. There is no indication in the FSM's service records he was appointed to CSM.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. The active duty grade or rank and pay grade at the time of separation is entered in items 5a and 5b and the effective date of promotion to the current pay grade (from the most recent promotion or reduction order) is entered in item 6.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the FSM was promoted to SGM/E-9 on 23 November 1975. He held this rank/grade until his retirement on 31 January 1980. There is no evidence he was appointed to CSM during his military service.
At the time of his release from active duty and retirement, he held the rank of SGM, not CSM, and this rank is correctly shown on his DD Form 214. There is neither an error nor an injustice.
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) AR20100008932
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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