IN THE CASE OF:	  

		BOARD DATE:	  14 February 2012

		DOCKET NUMBER:  AR20110015058 


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 reconsideration of his earlier request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) as follows:

* Item 3a (Grade, rate or Rank) to show his rank/grade as sergeant (SGT)/E-5 instead of specialist two (Temporary)
* Item 28 (Decorations, Medals, Badges, Commendations, Citations and campaign Ribbons Awarded or Authorized) to show all his medals

2.  The applicant states he served in the Army from 1951 to 1958.  He would like all his records for Japan, Korea, and continental United States.  He served in the Korean War.  While in Korea, he went to school to learn about tanks and guns.  He worked on guns for 9 months and he drove the tanks.  He then started to have trouble with his hands and he began working as a cook.  He does not know how his records got messed up.  Maybe some of the dates on his DD Form 214 are off but he knows for sure he was a SGT/E-5.  He worked very hard to get his rank and he believes it is the right thing to get his records straight including placing the rank/grade of SGT/E-5 on his DD Form 214 and all his awards and decorations.

3.  The applicant provides:

* DD Form 481-1 (Clinical Record Cover Sheet)
* Memorandum of medical records and Miscellaneous Test or Examination
* DD Form 214
CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100019388, on 17 March 2011. 

2.  The applicant submitted three medical documents which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and warrant consideration by the Board.

3.  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 that his 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.

4.  The applicant's Certification of Military Service, dated 30 November 1981, shows he served in the Regular Army from 1 March 1951 to 11 December 1952. He was honorably discharged in the rank of Corporal (Cpl).  

5.  His DD Form 214 shows he reenlisted in the Regular Army for 6 years in the rank of Cpl on 12 December 1952 at Fort Rucker, AL.  This form further shows he held military occupational specialty 941.10 (Cook) at the time of his separation.

6.  He was honorably discharged from active duty at Fort Jackson, SC, on 15 April 1958.  His DD Form 214 shows in:

* Item 3a – SP2 (T) and item 3b (Date of Rank) – 16 December 1954
* Item 24 (Record of Service) shows he completed 5 years, 4 months, and 4 days of active service during this period and he had 1 year, 9 months, and 10 days of prior active service for a total of 7 years, 1 month, and 14 days 
* Also in item 24, he completed 1 year, 9 months, and 26 days of foreign service
* Item 27 the National Defense Service Medal, Army of Occupation Medal (Japan), and the Army Good Conduct Medal

7.  His reconstructed records do not contain official orders or other documents supporting any awards or decorations. 

8.  He submitted various medical documents, dated 1955, that listed his rank as a SGT. 

9.  War Department Technical Manual (TM) 12-236 (Preparation of Separation Forms), in effect at the time, and later Army Regulation 635-5 (Separation Documents) provide that the appropriate separation form will be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.  This manual states that item 3 shows the grade held by the enlisted member at the time of separation and item 38 shows the highest grade held by the enlisted member during current period of active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records are incomplete.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  He essentially questions his date of entry, assignments, rank/grade, and his awards and decorations.

2.  With respect to the date of entry, the available evidence shows he was issued a Certification of Military Service, dated 30 November 1981, that shows he served in the Regular Army from 1 March 1951 to 11 December 1952.  He completed 1 year, 9 months, and 10 days of service during this period.  He reenlisted on 12 December 1952 and he was discharged on 15 April 1958.  He completed 5 years, 4 months, and 4 days of active service during this period and he had 1 year, 9 months, and 10 days of prior active service for a total of 7 years, 1 month, and 14 days.

3.  With respect to his rank, the available evidence shows he was honorably discharged on 11 December 1952 and enlisted on 12 December 1952 in the rank of Cpl.  His DD Form 214 shows he held the temporary rank of SP2 from 16 December 1954 to the date of his discharge.  This rank is the equivalent of a SGT rank.  At the time, the Army identified his rank as an SP-2.  It is correctly shown on his DD Form 214.

4.  With respect to his assignments in Japan, Korea, and other locations, the applicant's DD Form 214 show she completed 1 year, 9 months, and 26 days of foreign service.  However, a breakdown of this foreign service is impossible without additional documentary evidence in the form of assignment or reassignments orders, a DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record), or other documents.

5.  With respect to the additional awards, again, in the absence of official orders, specific units of assignments and exact dates of such assignments, it is impossible to determine what awards he qualified for. 

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 to amend the decision of the ABCMR set forth in Docket Number AR20100019388, dated 17 March 2011.



      _______ _   _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)                                         AR20110015058





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ABCMR Record of Proceedings (cont)                                         AR20110015058



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