Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110017664
Original file (20110017664.txt) Auto-classification: Denied

		IN THE CASE OF:	   

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110017664 


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 promotion to sergeant first class.

2.  The applicant states the commanding officer of his ambulance company had requested direct authority to promote Soldiers because the unit was overworked and undermanned. 

3.  The applicant provides a copy of an 11 July 1952 letter from the Commanding Officer Ambulance Company, 120th Medical Battalion asking for direct authority to promote Soldiers.  He stated that the company was physically remote from headquarters and had successfully evacuated 1,328 casualties during a 6-day period of the previous month.  An attached roster lists the applicant, a corporal, as the platoon sergeant of the 3rd Platoon.

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  His records seriously damaged in that fire.  However, sufficient documents are available to conduct a fair and impartial review of this case.

3.  He was inducted and entered active duty on 25 September 1950.  He served as a medical technician in an ambulance company in Korea from 17 December 1951 to 27 August 1952.

4.  He was promoted to corporal (Temporary) on 1 June 1951. 

5.  On 28 September 1952 the applicant was released from active duty with an honorable characterization of service and transferred to the Enlisted Reserve Corps.

6.  The document that the applicant submitted with his application shows that the commanding officer asked for authority to promote the applicant.  However, there is no evidence that such authority was granted.

7.  Special Regulation 615-25-40 (Enlisted Personnel Promotions), in effect at the time, stated the promotion authority to grades E-5, E-6, and E-7 was commanders of regiments, separate or detached battalions or any similar or separate organization for which the grade of lieutenant colonel or higher was authorized and a field grade officer was actually in command.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately there is no available evidence to show that the applicant was ever promoted to or served in the rank of sergeant first class, or even to the intervening rank of sergeant.

2.  Regrettably, there is no documentation or rationale to support the conclusion that the requested relief is warranted.  



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)                                         AR20110017664





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017664



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090003551

    Original file (20090003551.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Item 3 of the DD Form 214 shows the grade held at the time of separation. The applicant contends that his DD Form 214 should be corrected to show his grade as that of S/Sgt.

  • ARMY | BCMR | CY2005 | 20050003093C070206

    Original file (20050003093C070206.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 November 2005 DOCKET NUMBER: AR20050003093 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s military records are not available to the Board for review. He was honorably discharged from the Army of the United States on 20 July 1952 in the rank of Sergeant.

  • ARMY | BCMR | CY2004 | 20040000384C070208

    Original file (20040000384C070208.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 March 2005 DOCKET NUMBER: AR20040000384 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s military records are not available to the Board for review. The applicant served in the Army of the United States from 8 November 1950 to 8 August 1952.

  • ARMY | BCMR | CY2013 | 20130014918

    Original file (20130014918.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of item 3 (Grade, Rate, Rank, and Date of Appointment) of the DD Form 214 (Report of Separation from the Armed Forces of the United States) of her late husband, a former service (FSM), to show his rank as staff sergeant (SSG), pay grade E-6, with entitlement to back pay. The applicant provided copies of the following: * marriage license which shows she and the FSM were married on 11 June 1952 * two photographs alleged to be of herself and the...

  • ARMY | BCMR | CY2012 | 20120006738

    Original file (20120006738.txt) Auto-classification: Denied

    The applicant's complete military records are not available for review. There is no evidence of record available and he provided insufficient evidence to show he was promoted and/or served as a staff sergeant during his period of active duty. _______ _ __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.

  • ARMY | BCMR | CY2008 | 20080005315

    Original file (20080005315.txt) Auto-classification: Denied

    The applicant’s military records are not available to the Board for review. The applicant’s service medical records are not available. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to our Nation.

  • ARMY | BCMR | CY2011 | 20110008660

    Original file (20110008660.txt) Auto-classification: Denied

    The applicant requests that all of his records be corrected to show he retired in the rank title of sergeant first class. The evidence of record shows that this was the rank and grade he held upon his retirement. The applicant has provided no evidence that there is an error in his official record that can be corrected.

  • ARMY | BCMR | CY2011 | 20110000790

    Original file (20110000790.txt) Auto-classification: Approved

    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). 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...

  • ARMY | BCMR | CY2008 | 20080018709

    Original file (20080018709.txt) Auto-classification: Denied

    The applicant’s military records are not available to the Board for review. He was honorably discharged from the USAR in the rank of PFC on 8 January 1957. ________XXX______________ 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.

  • ARMY | BCMR | CY2012 | 20120005359

    Original file (20120005359.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his rank/grade as that of at least corporal (CPL)/E-4. The applicant's military record is not available to the Board for review.