IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20110025146
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 records to show he was promoted from "private (PV2)/E-2" to "private first class (PFC)/E-3."
2. The applicant states he faithfully completed 3 years, 6 months, and 21 days of active duty service and met the time in service (TIS) and time in grade (TIG) requirements. Additionally, he was seriously wounded in battle and received the Purple Heart. He was promised he would be promoted to PFC as a result of his injuries.
3. The applicant provides his DD Form 214 (Report of Separation from the Armed Forces of the United States) and his certificate of award for the Purple Heart.
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 the applicants records were lost or destroyed in that fire. However, this case is being considered using reconstructed records, which primarily consist of his DD Form 214 and his
Certificate of Award for the Purple Heart.
3. The applicant enlisted in the Regular Army on 15 August 1951 for a period of three years and served as an infantryman.
4. He provided a certificate of award for the Purple Heart which shows he was wounded in combat as a result of hostile enemy action in Korea on 17 July 1952.
5. He was honorably discharged from active duty in the in the rank/grade of PVT/E-2 on 14 August 1954. His DD Form 214 shows he completed 3 years of net active service, 6 months and 21 days of which was credited as foreign service. This form shows he received the Purple Heart, Korean Service Medal with two bronze service stars, National Defense Service Medal, United Nations Service Medal, and the Combat Infantryman Badge.
6. His available personnel records do not contain recommendations or orders promoting him to PFC. However, his DD Form 214 lists his date of rank for PVT/E-2 as 15 December 1951.
7. Army Regulation 615-5 (Appointment and Reduction of NCOs and PFCs), in effect at the time, provided that enlisted Soldiers who were eligible for promotion would be recommended in writing, approved by the appropriate authority, and orders issued confirming the promotion. It also stated that unit commanders were authorized to exceed their authorized allotments in any grade by the number of vacancies that existed in a higher grade pending the promotion of the best-qualified candidate(s).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be promoted to the PFC because he met the TIS and TIG requirements, was severely wounded in combat, and was promised a promotion on the basis of his wounds.
2. At the time of his service Army regulations stipulated that eligible Soldiers had to be recommended for promotion in writing, that the recommendation had to be approved, and orders had to be issued to confirm the promotion. Simply meeting the eligibility requirements such as the TIG/TIS requirements did not merit an automatic promotion. Unfortunately, his records do not contain a promotion recommendation or promotion orders for PFC.
3. At the time of the applicant's service, promotion to the rank/grade of PFC/E-3 was announced in official orders. Additionally, there was no provision for awarding promotions on the basis of combat wounds.
4. Regrettably, there is no evidence in his available military record and the applicant provided insufficient evidence to show he is entitled to promotion to PFC.
5. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20110025146
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