IN THE CASE OF:
BOARD DATE: 30 September 2010
DOCKET NUMBER: AR20100010407
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 of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his rank as corporal (CPL) instead of private (PVT).
2. The applicant states his DD Form 214 and Honorable Discharge Certificate show he was discharged as a PVT, but other records show he was a CPL.
3. The applicant provides a copy of a Korean War Anniversary by-name listing, his DD Form 214, his Honorable Discharge Certificate, and a newspaper article in support of his 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. The applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. Item 18 (Grade-Rate or Rank at Time of Entry into Active Service) on the applicants DD Form 214 shows he was inducted into the Army of the United States on 25 October 1950 in the rank of PVT/E-1.
4. Item 35 (Remarks) on his DD Form 214 shows he was promoted to the permanent rank of PVT/E-2 on 25 February 1951.
5. The applicant was discharged on 17 October 1952. Item 3 (Grade-Rate-Rank and Date of Appointment) on his DD Form 214 shows he was discharged in the temporary rank of private first class (PFC) with a date of rank of 15 June 1951. His Honorable Discharge Certificate shows his rank as PFC.
6. The applicant provided a Korean War Anniversary by-name listing and a newspaper article which show his rank as CPL. The newspaper article states in part He rose from recruit to his present rank in eight months.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 and Honorable Discharge Certificate show he was discharged as a PVT, but other records show he was a CPL. However, the applicants DD Form 214 and Honorable Discharge Certificate actually show he was discharged as a PFC.
2. Contrary to the applicants contention, there are no records which show he was promoted to CPL. The documents which show him as CPL were a listing he refers to as a Korean War Anniversary by-name list and a newspaper article neither of which constitute official military records.
3. Unfortunately, in the absence of orders or other evidence of an official nature, there is no basis to conclude the applicant was promoted to CPL prior to his discharge. The anniversary by-name listing and newspaper article are not sufficient to conclude his separation documents were in error.
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) AR20100010407
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ABCMR Record of Proceedings (cont) AR20100010407
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