IN THE CASE OF:	  

		BOARD DATE:  14 August 2012

		DOCKET NUMBER:  AR20120002161


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as sergeant first class (SFC).

2.  The applicant states that while making funeral arrangements, he noticed his rank was represented on his DD Form 214 as specialist, 2nd class (SP2); however, he does not understand what that means.  He states he left his overseas assignment in Germany as a sergeant (SGT)/E-5.  

3.  The applicant provides a DA Form 160 (Application for Active Duty), dated   30 December 1955; his DD Form 214, for the period ending 7 January 1958; and his Honorable Discharge Certificate, dated 26 January 1959.

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 complete military records are not available 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.  His DD Form 214 shows he enlisted in the Maine Army National Guard (MEARNG) on or about 14 November 1948.  On 6 February 1956, he was called to active duty, and on 7 January 1958, he was honorably released from active duty and returned to the control of the MEARNG.  His DD Form 214 shows:

* Item 3a (Grade, Rate or Rank) the entry "SP 2 (P)," meaning he was separated in the permanent rank of SP2
* Item 21 (Grade, Rate or Rank at Time of Entry into Current Active Service) the entry “Sgt”
* Item 24a (1) (Statement of Service – Creditable for Basic Pay Purposes – Net Service this Period) the entry "1 – 11 – 2," meaning he was credited with the completion of 1 year, 11 months, and 2 days of net service during this period of active duty
* Item 25a (Specialty Number and Title) the entry "941.10 Cook," meaning he served in military occupational specialty 941.10 (Cook) 

4.  His record is void of any documentation that shows his rank as "SFC."

5.  He provides his DA Form 160, dated 30 December 1955, which shows that at the time he applied for active duty, his rank/grade was SGT/E-5, and his Honorable Discharge Certificate, dated 26 January 1959, which shows he was discharged from the MEARNG in the rank/grade of SGT/E-5.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It 

provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version in effect at the time, stated that item 3a would document the grade in which the Soldier was serving at time of his/her separation. 

7.  The Institute of Heraldry (TIOH) website contains the history of U.S. Army enlisted ranks.  According to TIOH, Army Regulation 615-15, dated 2 July 1954, announced a new grade structure effective 1 March 1955.  The new titles for pay grade E-5 were SGT and SP2.  War Department Circular No. 670-3, dated        12 October 1955, amended the effective date for the above change to 1 July 1955.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his rank as "SFC" has been carefully reviewed.

2.  The evidence shows he entered active duty and was discharged from the MEARNG as a SGT.  According to TIOH, an equivalent rank/grade of SGT, during the time period he served on active duty, was SP2.  Therefore, it is not unreasonable to conclude he was laterally appointed as an SP2 at some point prior to his honorable release from active duty.

3.  There is no evidence showing he was serving as an SFC at the time of his separation from active duty.  Therefore, the rank shown on his DD Form 214 is correct and there is no basis to amend his DD Form 214 to show a different rank.

4.  In view of the foregoing, there is an insufficient basis to grant 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)                                         AR20110001786



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ABCMR Record of Proceedings (cont)                                         AR20120002161



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