IN THE CASE OF:
BOARD DATE: 6 October 2011
DOCKET NUMBER: AR20110006623
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 his rank as corporal (CPL).
2. The applicant states:
* At the time of his release from active duty his rank was CPL but when he separated his recorded rank was private first class (PFC)
* He was told at that time it would take several days to correct his records
* He was understandably anxious to get home so he chose not to spend the time to correct his record
* He recently found out from reading the Federal Benefits for Veterans and Dependents booklet that he could apply to this Board
3. The applicant provides:
* Special Orders Number 20, dated 21 January 1954
* Special Orders Number 202, dated 26 July 1954
* 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 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 applicants 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 applicants 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 applicant was inducted into the Army of the United States on
26 September 1952. He served in Korea and he was honorably released from active duty on 26 August 1954.
4. Item 3 (Grade, Rate, Rank and Date of Appointment) of his DD Form 214 shows the entry "Pfc (T) 15Jul53" [private first class (temporary) 15 July 1953].
5. The applicant provided Special Orders Number 20, issued by Headquarters, Inchon Replacement Depot, 8057th AU, dated 21 January 1954, that show he was promoted to the temporary grade of CPL. His time in grade is shown as
6 months and his time in position vacancy is shown as 8 months.
6. He also provided Special Orders Number 202, issued by the same headquarters, dated 26 July 1954, that show his expected date of separation as 2 August 1954. These orders show his grade as CPL.
7. There is no evidence that shows he was reduced in rank after his promotion to CPL on 21 January 1954.
8. His pay records are not available for review.
9. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. This regulation prescribes that the grade, rate or rank, held by an individual at the time of his or her separation, indicating whether permanent or temporary, will be entered in item 3 of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was discharged as a CPL.
2. His DD Form 214 shows his temporary rank as PFC at the time of his release from active duty on 26 August 1954. However, special orders show he was promoted to the temporary grade of CPL on 21 January 1954. Special orders directing his release from active duty, dated 26 July 1954, also show his rank as CPL. Since there is no evidence that shows he was reduced in rank at any time after 21 January 1954, the orders provided by the applicant which show his rank as CPL are accepted as sufficient evidence in which to correct item 3 of his
DD Form 214 to show his rank as CPL.
3. In view of the foregoing, his DD Form 214 should be corrected as indicated below.
BOARD VOTE:
__X_____ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 deleting from item 3 of his DD Form 214 the entry "Pfc (T) 15Jul73" and replacing it with the entry "Cpl (T) 21Jan54."
_______ _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.
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