IN THE CASE OF:	  

		BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100014974 


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 correction of her husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his rank as a Sergeant First Class (SFC) instead of a Technical Sergeant (T/Sgt).

2.  The applicant states her husband attained the rank of SFC and he served his country but he was apparently discharged before the paperwork caught up.  She adds that her husband left her a note stating that the bronze plaque provided by the Department of Veterans Affairs should reflect his rank as SFC.  She had heard him say throughout the years that he served in the Army as an SFC.

3.  The applicant provides the FSM's WD AGO Form 53-55.

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 FSM's 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 FSM's 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.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 30 December 1943 and he entered active duty at Camp Atterbury, IN, on 20 January 1944.  At the time of separation, he held military occupational specialty 5021 (Administrative Noncommissioned Officer (NCO)) and was assigned to Headquarters and Headquarters Company, China Service Command.

4.  The FSM's WD AGO Form 53-55 also shows he completed 1 year and
21 days of continental service and 1 year, 3 months, and 24 days of foreign service.  He was honorably discharged on 5 June 1946 for the convenience of the Government.  Item 3 (Grade) of this form shows his grade at the time of discharge was T/Sgt and item 38 (Highest Grade Held) of this form shows the highest grade he held during his military service was T/Sgt. 

5.  War Department Technical Manual 12-236 (Preparation of Separation Forms) provides that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.  This manual states that item 3 shows the grade held by the enlisted member at the time of separation and item 38 shows the highest grade held by the enlisted member during current period of active duty.  

6.  The Enlisted Grade Structure in the Army has changed several times since 1942.  Prior to 1 September 1942, the Army followed the following enlisted grade structure:

* Grade 1	Master Sergeant (M/Sgt)
* Grade 2	Technical Sergeant and First Sergeant (T/Sgt & 1st Sgt)
* Grade 3	Staff Sergeant and Technician 3rd Grade (S/Sgt & Tec 3rd Gr)
* Grade 4	Sergeant and Technician 4th Grade (Sgt & 4th Gr)
* 
Grade 5	Corporal and Technician 5th Grade (Cpl & Tech 5th Gr)
* Grade 6	Private First Class (Pvt 1st Class)
* Grade 7	Private (Pvt)

7.  During the period 1 September 1942 through 1 August 1948, the Army followed the following enlisted grade structure:

* Grade 1	Master Sergeant (M/Sgt & 1st Sgt)
* Grade 2	Technical Sergeant (T/Sgt)
* Grade 3	Staff Sergeant and Technician 3rd Grade (S/Sgt & Tec 3rd Gr)
* Grade 4	Sergeant and Technician 4th Grade (Sgt & Tec 4th Gr)
* Grade 5	Corporal and Technician 5th Grade (Cpl & Tec 5th Gr)
* Grade 6	Private First Class (Pvt 1st Class)
* Grade 7	Private (Pvt)

8.  During the period 1 August 1948 through 30 September 1949, the Army changed the enlisted grade structure as follows:

* Grade 1	Master Sergeant (M/Sgt)
* Grade 2	Sergeant First Class (SFC)
* Grade 3	Sergeant (Sgt)
* Grade 4	Corporal (Cpl)
* Grade 5	Private First Class (PFC)
* Grade 6	Private (Pvt)
* Grade 7	Recruit (Rct)

9.  There were other changes on 1 October 1949, 21 January 1951, and 1 July 1958.  However, on 1 June 1958, the Army changed the enlisted rank structure to the one we know today, as follows:

* E-9	Sergeant Major (Specialist Nine)
* E-8	First/Master Sergeant (Specialist Eight
* E-7	Sergeant First Class/Platoon Sgt (Specialist Seven)
* E-6	Staff Sergeant (Specialist Six)
* E-5	Sergeant (Specialist Five)
* E-4	Corporal or Specialist Four
* E-3	Private First Class
* E-2	Private
* E-1	Private or Recruit

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM served on active duty from 20 January 1944 through 5 June 1946.  The highest grade he attained during his military service was Grade 2.  His military service fell between 1 September 1942 and 1 August 1948.  The corresponding rank associated with this grade during his period of military service was "T/Sgt," which is properly annotated in items 3 and 38 of his WD AGO Form 53-55.  The rank "SFC" did not exist during his military service.

2.  The Army enlisted grade structure was changed on 1 August 1948.  Between this date and 30 September 1949, the Army maintained the same grades as prior to 1 August 1948; however, it renamed the ranks associated with each grade.  During this period, the corresponding rank associated with Grade 2 was "SFC."  This structure change did not impact the FSM's pay grade as he was neither on active duty at the time of this change nor had he been promoted prior to this change.  

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  There is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires the FSM's plaque to read "SFC," this is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

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)                                         AR20100014974



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100014974



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1