IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011

		DOCKET NUMBER:  AR20100026420 


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 award of the Army Commendation Ribbon with Metal Pendant [currently known as the Army Commendation Medal (ARCOM)].  He also requests correction of his grade to show staff sergeant (SSG)/pay grade E-5.

2.  He states that item 18 (Grade – Rate or Rank at Time of Entry into Active Service) of his DD Form 214 lists his grade as private/pay grade E-1.  He states he was discharged as an SSG/pay grade E-5.

3.  He provides his DD Form 214.

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 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 his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the ABCMR to conduct a fair and impartial review of this case.

3.  The available records show he was inducted into the Army of the United States on 4 February 1953.  He served 1 year, 4 months, and 17 days in Korea and was honorably released from active duty on 2 December 1954.

4.  Item 3 (Grade – Rate – Rank and Date of Appointment) of his DD Form 214 shows "Sgt(T) 18 Aug 54," indicating he held the temporary rank of sergeant effective 18 August 1954 at the time of his separation.  Item 18 of the same form shows "Private 1."

5.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following:

* Korean Service Medal
* United Nations Service Medal
* Army Good Conduct Medal
* National Defense Service Medal

6.  His record contains a DA Form 638 (Recommendation for Award) and citation which show he was recommended and approved for the award of the Commendation Ribbon with Metal Pendant by General Orders 771, dated 22 November 1954.

7.  Information obtained from the Internet shows that in 1960 the Army re-designated the Commendation Ribbon with Metal Pendant as the ARCOM.

8.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  It states 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.  Section III requires the preparer to enter the grade in which serving at the time of separation in item 3, indicating whether permanent or temporary, and the date of appointment.  Information contained in item 18 is listed as self-explanatory.

9.  Special Regulation 600-60-1 (Personnel Insignia), dated 26 October 1951, and Army Regulation 670-5 (Uniform and Insignia – Male Personnel), dated 17 December 1956, provided guidance on personnel insignia of grade.  The insignia of grade for SGT was three chevrons with one rocker below.  These publications further show the rank of SSG did not exist at the time.  The enlisted grade structure of the Army for the period 21 January 1951 to 30 June 1955 listed pay grade E-5 as SGT.  The rank of SSG/pay grade E-6 was not introduced until 1 June 1958.

DISCUSSION AND CONCLUSIONS:

1.  General Orders 771 show the applicant was awarded the Commendation Ribbon with Metal Pendant.  Therefore, he is entitled to correction of his DD Form 214 to show award of the ARCOM.

2.  He requests that item 18 of his DD Form 214 be corrected to read SSG/pay grade E-5.  However, item 18 shows the grade/rank of the Soldier at the time he entered active service, in the applicant's case, 4 February 1953.  He failed to provide any documentation to show he had prior service and he was an SSG at the time he entered active duty.  Further, item 3 shows his rank at the time of separation was SGT.  Therefore, his DD Form 214 is correct as constituted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the ARCOM to item 27 of his DD Form 214.


2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his grade in item 18 of his     DD Form 214.



      ____________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)                                         AR20100026420



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ABCMR Record of Proceedings (cont)                                         AR20100026420



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