IN THE CASE OF:
BOARD DATE: 24 July 2012
DOCKET NUMBER: AR20120001994
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, the spouse of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his rank as staff sergeant.
2. The applicant states the FSM told her his rank was staff sergeant when they married in 1949. She states the FSM served his country well and she would like the FSM's rank shown as staff sergeant on his tombstone.
3. The applicant provides:
* FSM's DD Form 214 for the period ending 29 February 1952
* FSM's Notice of Separation from U.S. Naval Service for the period ending 9 April 1946
* FSM's photograph in uniform
* FSM's and applicant's marriage license
* FSM's death certificate
CONSIDERATION OF EVIDENCE:
1. The FSM's records show he enlisted in the Regular Army on 15 September 1948 in the rank of sergeant following prior service in the U.S. Navy. His Notice of Separation from U.S. Naval Service for the period ending 9 April 1946 shows he was discharged from the U.S. Navy in the rank/pay grade of gunner's mate second class/E-5.
2. County of Cook, State of Illinois, marriage license, dated 7 February 1949, shows the FSM and the applicant were married on 4 February 1949.
3. On 25 February 1949, the FSM was discharged for the purpose of immediate reenlistment. His WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) shows his rank as sergeant effective 15 September 1948, the date of his enlistment.
4. On 26 February 1949, the FSM reenlisted in the Regular Army in the rank of sergeant. His NME Form 93 (Record of Emergency Data for the Armed Forces of the United States), dated 26 February 1949, shows his rank as sergeant and the person to be notified in case of emergency as the applicant, his wife.
5. A memorandum to the Commanding General, Letterman Army Hospital, San Francisco, California, dated 4 February 1952, states Department of the Army Special Orders 24, dated 1 February 1952, direct the FSM's permanent disability retirement effective 29 February 1952. The memorandum further states the FSM will be retired in and entitled to receive disability retirement pay of sergeant/E-5, the highest grade satisfactorily held as determined by the Secretary of the Army.
6. On 29 February 1952, the FSM was honorably retired by reason of permanent physical disability. His DD Form 214 for this period shows his rank as sergeant (permanent) effective 15 September 1948, the date of his initial enlistment in the Regular Army.
7. Section 12 (Appointments, Promotions, or Reductions) of the FSM's WD AGO Form 24A (Service Record) shows he was appointed or promoted to the rank of sergeant effective 15 September 1948, the date of his initial enlistment in the Regular Army. Section 12 is void of additional entries.
8. County of Kern Public Health Services Department Certificate of Death, dated 13 October 2011, shows the FSM died on 8 October 2011.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of the FSM's records to show his rank as staff sergeant and her contention that the FSM told her his rank was staff sergeant when they married in 1949 were carefully considered.
2. The FSM's records show he was discharged from the U.S. Navy in the rank/pay grade of gunner's mate second class/E-5 on 9 April 1946. On 15 September 1948, he enlisted in the Regular Army in the rank of sergeant.
3. The FSM was honorably retired by reason of permanent physical disability in the rank of sergeant on 29 February 1952. His military records contain no evidence to show he was promoted to staff sergeant during his service in the Regular Army.
4. Regrettably, there is insufficient evidence to grant 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 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) AR20120001994
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001994
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