IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110008660 


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 that all of his records be corrected to show he retired in the rank title of sergeant first class.

2.  The applicant states he has been receiving correspondence that refers to him as a staff sergeant and he does not know why.  He is 84 years old and wishes to ensure his records are correct for his tombstone when he passes on.

3.  The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States), a promotion certificate, a retirement certificate, and a 1952 Department of the Army authorized awards letter.

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.  It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant.

3.  The applicant service on active duty during both World War II and the Korean Conflict.  

4.  His last period of active duty commenced on 1 August 1949 and ended with his placement on the Temporary Disability Retired List on 29 February 1952.

5.  A promotion certificate shows the applicant was promoted to the rank of sergeant first class on 23 February 1950 with an effective date of promotion of 10 February 1950.

6.  His 29 February 1952 DD Form 214 shows he received permanent promotion to sergeant first class on 25 February 1950.  His awards are listed as the Combat Infantryman Badge, Purple Heart, Silver Star, and the Korean Service Ribbon with two bronze service stars.

7.  The applicant was permanently retired in the rank of sergeant first class on 31 December 1952.

8.  A 3 March 1952 letter to the Commanding Officer, Madigan Army Hospital shows the applicant as a sergeant first class with entitlement to the Purple Heart, Good Conduct Medal (second award), Asiatic-Pacific Campaign Medal with one bronze service star, World War II Victory Medal, Army of Occupation Medal with Japan clasp, Combat Infantryman Badge (second award), Korean Service Medal with two bronze service stars, United Nations Service Medal, Philippine Liberation Medal with one bronze star, and the Republic of Korea Presidential Unit Citation Badge.

9.  The enlisted grade structure and rank title of the Army from 1 August 1948 through 30 September 1949 was as follows:

* Grade 1 – Master Sergeant
* Grade 2 – Sergeant First Class 
* Grade 3 – Sergeant 
* Grade 4 – Corporal 
* Grade 5 – Private First Class
* Grade 6 – Private 
* Grade 7 – Recruit


10.  The enlisted grade structure of the Army from 1 October 1949 through 30 June 1955 was as follows:

* Grade 7 – Master Sergeant
* Grade 6 – Sergeant First Class 
* Grade 5 – Sergeant 
* Grade 4 – Corporal 
* Grade 3 – Private First Class
* Grade 2 – Private E-2
* Grade 1 – Private E-1

11.  The enlisted grade structure of the Army from 1 July 1955 through 31 May 1958 was as follows:

* Pay Grade E-7 – Master Sergeant
* Pay Grade E-6 – Sergeant First Class and Specialist First Class
* Pay Grade E-5 – Sergeant and Specialist Second Class
* Pay Grade E-4 – Corporal and Specialist Third Class
* Pay Grade E-3 – Private First Class
* Pay Grade E-2 – Private 
* Pay Grade E-1 – Private 

12.  On 1 June 1958, two additional enlisted grades were added and the top four enlisted grades rank titles were restructured as follows:

* Pay Grade E-9 – Sergeant Major
* Pay Grade E-8 – First Sergeant or Master Sergeant
* Pay Grade E-7 – Platoon Sergeant or Sergeant First Class
* Pay Grade E-6 – Staff Sergeant

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he has been receiving correspondence that refers to him as a staff sergeant and he does not know why.  He is 84 years old and wishes to ensure his records are correct for his tombstone when he passes on.

2.  At the time the applicant retired, the enlisted grade structure gave the rank title sergeant first class for Soldiers in pay grade E-6.  The evidence of record shows that this was the rank and grade he held upon his retirement.  However, after he retired the enlisted grades were restructured and Soldiers in pay grade E-6 were titled staff sergeant.  

3.  Because of the 1 June 1958 grade restructuring the rank title of sergeant first class was reassigned to pay grade E-7.  The applicant’s retired E-6 pay grade rank is now titled staff sergeant.  

4.  The applicant did retire while holding the rank title sergeant first class.  However, due to automation systems (such as finance or identification card systems) that link the pay grade to the rank title these systems will automatically identify the applicant as a staff sergeant.  If the applicant is concerned about his identification card, (or the entry on his headstone) he should ask his identification card issuing facility if they could/would manually enter his rank as sergeant first class.  He should provide them with the supporting documentation, such as his DD Form 214 and/or this Board action, to verify he retired as a sergeant first class, E-6.  The applicant should also contact the Defense Finance and Accounting Service (DFAS) to ensure his finance records also show he holds the honorary rank of sergeant first class, E-6.

5.  The applicant has provided no evidence that there is an error in his official record that can be corrected.  

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)                                         AR20110008660





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ABCMR Record of Proceedings (cont)                                         AR20110008660



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