IN THE CASE OF:
BOARD DATE: 15 March 2012
DOCKET NUMBER: AR20110018225
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 he held the rank of Staff Sergeant at the time of his discharge.
2. The applicant states on 17 August 1954, he was interviewed for promotion by his immediate commanders and was issued the insignia for staff sergeant (three up and one rocker) shortly after the interview. He further states he performed duty as a platoon sergeant and wore this insignia until his discharge from the Army on 31 December 1954.
3. The applicant provides a self-authored statement, DD Form 214, and a Clearance Certificate signed by his commander dated 4 December 1954.
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 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.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 4 March 1953. His military occupational specialty was 1729 (Combat Construction Specialist). He was assigned to Company B, 74th Engineer Battalion (Combat), Korea. On 31 December 1954, he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve for completion of his statutory service obligation. He completed 1 year, 9 months, and 28 days of net active military service, 1 year, 4 months, and 13 days of which were foreign and/or sea service. Item 3 (Grade Rate Rank and Date of Appointment) of his DD Form 214 shows he held the temporary rank of sergeant (SGT), with an appointment date of 17 August 1954, on the date of his REFRAD. Item 38 (Remarks) shows he held the permanent rank of private-2, effective 4 July 1953.
4. His record contains Special Orders Number 303, issued by Headquarters, 4071st Service Unit, Personnel Center, Camp Chaffee, Arkansas, dated 30 December 1954, which shows he was awarded the Army Good Conduct Medal. His rank is shown as SGT.
5. He submitted a Clearance Certificate dated 4 December 1954, which shows his commander indicated he was qualified for combat unit training cadre in the grade of sergeant in MOS 1729. The commander also indicated he was qualified for a higher grade and recommended the applicant for the grade of sergeant first class in MOS 1729 as a Combat Construction Specialist.
6. War Department Technical Manual 12-236 (Preparation of Separation Forms) and Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms. The purpose of the separation document is to provide the veteran with a separation certificate and a military or enlisted record and report of separation. The DD Form 214 is prepared for all enlisted personnel separated from the service due to discharge, release from active duty or transfer to a Reserve Component, or retired. Item 3 of the DD Form 214 shows the grade held at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served on active duty from 4 March 1953 through 31 December 1954. Although he may have been qualified for a higher grade as stated in the recommendation for promotion on the Clearance Certificate from his former commanding officer, he was not promoted to that grade. He was REFRAD in the rank of SGT.
2. Notwithstanding the applicant's service and/or his sincerity, in the absence of official orders promoting him to a grade higher than the one shown on his DD Form 214 there is insufficient evidence to grant him relief in this case.
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) AR20110018225
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ABCMR Record of Proceedings (cont) AR20110018225
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