BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110023587 


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) as follows: 

* Item 3 (Grade - Rate - Rank and Date of Appointment) to show he was appointed as a corporal (CPL) on 12 October 1952 instead of 1953
* Item 8 (Reason and Authority for Separation) to, in effect, list the correct date
* Item 38 (Remarks) to show his permanent grade as private first class (PFC) instead of private (PV2)

2.  The applicant states:

* The DD Form 214 was hand-typed at the time; there were no computers
* He earned his rank after finishing Leadership Training at Camp Tortuguero, Puerto Rico, Class Number 13
* He served as a trainer for new recruits until he shipped to Korea in July 1952; he served with the 58th Field Artillery Battalion
* Item 4 of the DD Form 214 shows he was released from active duty in July 1952 when in fact he was still in Korea on that date
* He spent 13 out of 24 months of service in combat in Korea
* Item 38 (Remarks) of his DD Form 214 listed an incorrect permanent grade
* His training certificate clearly shows he was a PFC but for an unknown reason his promotion was not recorded

3.  The applicant provides:

* DD Form 214
* Certificate of proficiency
* Photographs

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 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 the applicant’s 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 entered active duty in the rank of private/E-1 at Fort Buchanan, PR, on 22 October 1951.   This form also shows at the time of his separation he held an infantry specialty and his most significant duty assignment was Battery A, 58th Field Artillery Battalion.  

4.  He completed 1 year, 11 months, and 21 days of creditable active service, of which 1 year, 2 months and 2 days was foreign service.  

5.  He was honorably separated at Fort Buchanan, PR, on 12 October 1953 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.  His DD Form 214 shows in:

* Item 3 - the entry, "CPL (T) 20 May 53" 
* Item 8 - the regulations and dates of regulations that authorized his separation
* Item 18 - the highest permanent rank/grade he held as PV2, 22 February 1952

6.  He submitted a copy of a certificate, dated 7 March 1953, that shows he satisfactorily completed a 6-week course in tactics, leadership, and administration at the Noncommissioned Officer Academy, 3rd Infantry Division.  His rank is shown as PFC on the certificate.

7.  The Enlisted Grade Structure in the Army has changed several times since 1942.  There were other changes on 1 September 1942, 1 August 1948 and on 1 October 1949.  Additionally, during the period 21 January 1951 through 30 June 1955, the Army followed the following enlisted grade structure:

* Grade 7	Master Sergeant (M/Sgt)
* Grade 6	Sergeant First Class (SFC)
* Grade 5	Sergeant (Sgt)
* Grade 4	Corporal (Cpl)
* Grade 3	Private First Class (Pvt 1st Class)
* Grade 2	Private (Pv2) E-2
* Grade 1	Private (Pvt) E-1

8.  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.  These regulations state, in pertinent part, that 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 with an indication if temporary or permanent and if temporary, item 18 would reflect the highest permanent grade held.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served on active duty from 22 October 1951 through 22 October 1953.  At the time of his release from active duty:

	a.  He held the temporary rank of CPL and the effective date of this rank is shown as 20 May 1953.  In the absence of an official appointment/promotion order or in the absence of evidence to the contrary, it must be presumed the entry in item 3 of his DD Form 214 regarding the date of his temporary appointment is correct and there is no reason to change it. 
	b.  Although the applicant submitted a certificate showing he held the rank of PFC at the time he attended leadership school, there is no evidence in his records and he provides none to show this was his permanent grade.  It is possible he was appointed to the temporary grade of PFC.  Again, in the absence of an official appointment/promotion order or evidence to the contrary, it must be presumed the entry in item 38 of his DD Form 214 regarding his permanent grade is correct and there is no reason to change

2.  The entry in item 8 pertains to the date of the regulation that ordered his separation, not his date of separation.  His date of separation is actually shown in item 6 (Effective Date of Separation), 12 October 1953.

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a sufficiently compelling reason, there is no reason to compromise the integrity of the Army’s records at this late date.

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)                                         AR20110023587



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ABCMR Record of Proceedings (cont)                                         AR20110023587



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