IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100010981
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 records be corrected to reflect that he was discharged in the rank and pay grade of sergeant (SGT)/E-5.
2. The applicant states that he was given a temporary rate increase to E-5, but due to a rate freeze he was not paid as an E-5. He goes on to state that his discharge shows him as an E-3 and not as an E-5. He further states that he was told that his discharge would show he was discharged in the rank of SGT/E-5 because he was a tank commander for 14 months and supervised four men. He concludes by stating he desires that his accomplishments be reflected correctly for himself and his family.
3. The applicant provides:
* a copy of his Honorable Discharge Certificate
* a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States)
* a copy of his DA Form 493 (Separation Qualification Record)
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 military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army at Fort Williams, Maine, on 23 October 1950. He was advanced to the permanent rank of private/E-2 on 16 December 1950. He completed his training and was transferred to Germany for assignment to Company A, 143d Tank Battalion, 43d Infantry Division. He was promoted to the temporary rank of corporal/E-4 on 29 December 1952.
4. He served in Germany for 1 year, 11 months, and 7 days. He returned to Fort Devens, Massachusetts, where he was honorably discharged in the temporary rank of corporal on 9 October 1953. He served 2 years, 11 months, and 11 days of total active service with 6 days of lost time.
5. There is no indication in the documents provided by the applicant to show he served in the rank of SGT/E-5.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he was promoted to the temporary rank of SGT/E-5 prior to his discharge is not in doubt, there simply is no evidence to support this contention.
2. It is noted that the applicant was discharged in the temporary rank of corporal/E-4, which would have become a permanent grade of corporal once he was promoted to the temporary grade of SGT.
3. In any event, there is insufficient evidence to establish that he was promoted to the temporary rank of SGT prior to his discharge and in the absence of such evidence, there appears to be no basis to grant his request.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100010981
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ABCMR Record of Proceedings (cont) AR20100010981
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