IN THE CASE OF:
BOARD DATE: 15 March 2010
DOCKET NUMBER: AR20100021638
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, correction of his record to show he retired as a command sergeant major (CSM)/E-9.
2. The applicant states he was sent to the Noncommissioned Officer (NCO) Academy as a sergeant major (SGM) in July 1963 and promoted to CSM in 1963. He was assigned to the 80th Missile Group as a CSM. The commander told him, using a racial epithet, he did not have the sense to be the CSM.
3. The applicant provides no documentation in support of his request.
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 was inducted into the Army of the United States on 27 November 1942. He later enlisted in the Regular Army and served on active duty until his honorable retirement on 30 June 1963.
3. Special Order Number 111, issued by Headquarters, Department of the Army, dated 15 May 1963, shows he was placed on the Retired List effective 1 July 1963 in the rank/grade of master sergeant (MSG)/E-7.
4. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for his final period of active duty service shows he held the permanent rank/grade of MSG/E-7.
5. His DA Form 20 (Enlisted Qualification Record) shows in item 33 (Record of Assignments) he was assigned to principal duty as:
* Assistant SGM from 18 July to 9 September 1962
* SGM from 10 September 1962 to 22 February 1963
* Assistant SGM from 23 February 1963 to an unknown date
6. The record is void of documentation showing he attended the NCO Academy as a SGM.
7. The record is void of documentation showing he was promoted to CSM or SGM.
8. Headquarters, Department of the Army (HQDA) Circular 611-31, dated 8 January 1968 announced the results of the first increment of SGMs nominated by their commanders for entry into the CSM program.
9. Title 10, U.S. Code, section 3961, provides that, unless entitled to a higher retired grade under some other provision of law, an enlisted member of the Regular Army who retires other than for physical disability retires in the Regular or Reserve grade that he holds on the date of his retirement.
DISCUSSION AND CONCLUSIONS:
1. The evidence does not support the applicant's request for correction of his record to show he retired as a CSM.
2. He retired in 1963, prior to the establishment of the CSM program. The highest rank/grade he attained during his military service was MSG/E-7. He was placed on the Retired List in that rank/grade as required by law.
3. In view of the foregoing, there is no basis for granting the requested relief.
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 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) AR20100021638
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ABCMR Record of Proceedings (cont) AR20100021638
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