BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20110000790
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, that his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show that he was discharged in the rank of sergeant (SGT).
2. The applicant states that he was told at the time of his discharge that his rank was that of a corporal; however, he received information from the National Personnel Records Center (NPRC) stating that he was a sergeant (SGT).
3. The applicant provides a copy of his DD Form 214, a one-page letter, a letter from the NPRC, a copy of his separation physical, a photograph of himself, and a page from his personnel records showing his promotions.
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 applicant's military records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant was inducted on 2 March 1951 in Baltimore, Maryland. He completed his training and was transferred to Japan where he attended medical training from February to March 1952 before being transferred to Korea for assignment to Headquarters and Headquarters Company, 23d Infantry Regiment. He was promoted to the rank of temporary corporal on 17 June 1952.
4. He was permanently promoted to the rank of corporal on 24 September 1952 and was promoted to the temporary rank of sergeant on 31 December 1952.
5. He departed Korea in January 1953 for Japan and then to Fort Meade, Maryland. He underwent his physical examination of 16 February 1953 and was listed as being a SGT.
6. On 17 February 1953 he was honorably released from active duty (REFRAD) and was transferred to the Enlisted Reserve Corps (now known as the United States Army Reserve). His DD Form 214 shows that he was REFRAD in the temporary rank of corporal.
7. During the Korean War Era, the enlisted rank structure consisted of seven enlisted pay grades consisting of the grades E-1 through E-7. The rank of sergeant consisted of three stripes on top and one stripe on the bottom which under todays standards is a staff sergeant. The current rank of sergeant (three stripes on top) replaced the former stripes of three on top and one on the bottom and the former sergeant insignia became a staff sergeant insignia under current standards.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was promoted to the temporary rank of SGT on 31 December 1952 and up until the day before he was REFRAD, his rank was reflected as a SGT; however, for reasons not explained in the available records he was REFRAD in the rank of temporary corporal.
2. Notwithstanding that the applicant had already been promoted to the permanent rank of corporal and then was promoted to the temporary rank of SGT, it appears that an administrative error occurred at the time of his REFRAD.
3. Accordingly, it would be in the interest of justice to correct his DD Form 214 to show that he was REFRAD in the rank of SGT (T) on 31 December 1952.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 3 (Grade-Rate-Rank and Date of Appointment) of his DD Form 214 to show the entry "SGT (T) 31 DEC 52."
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Korean War are deeply appreciated. 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) AR20110000790
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