IN THE CASE OF:
BOARD DATE: 29 May 2012
DOCKET NUMBER: AR20110023032
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 item 3 (Grade-Rate-Rank and Date of Appointment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) be changed to show the rank of "sergeant."
2. The applicant states:
* he was promoted to sergeant
* his promotion was approved while he was on a boat from Korea to the U.S. and a copy of it was mailed to his home address
3. The applicant provides:
* DD Form 214
* Special Orders Number 108, Headquarters, 31st Infantry, APO 7, dated 24 May 1955
* Photo-copy of a post-marked enveloped, dated 27 May 1955
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 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 in the Army of the United States on 25 August 1953. He was honorably discharged on 22 June 1955 and he was issued an Honorable Discharge Certificate. His DD Form 214 shows the following entries:
a. Item 3 (Grade, Rate, Rank) shows CPL (T), 19 Jan 55 (Corporal, (Temporary), 19 January 1955)
b. Item 19 shows Cleveland, OH, as the place of entry on active duty
c. Item 26 (Foreign and/or Sea Service), 1 year and 7 months.
d. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaigns Ribbons Awarded or Authorized) shows the Korean Service Ribbon, National Defense Service Medal, United Nations Service Medal, and Marksmanship Qualification Badge.
e. Item 28 shows his most significant duty assignment was with 31st Infantry Regiment.
f. Item 38 (Remarks) shows he had no days lost.
4. Special Orders Number 108, dated 24 May 1955, show the applicant was promoted to sergeant (Sgt).
5. Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents. This regulation prescribes 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's request to have his rank changed on his DD Form 214 was carefully considered and determined to have merit.
2. Special orders promoted to the applicant to Sgt. Therefore, the applicant is entitled to correction of his DD Form 214 to show this promotion.
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 amending his DD Form 214 to show item 3 as "Sgt, 24 May 1955."
__________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) AR20110023032
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ABCMR Record of Proceedings (cont) AR20110023032
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