BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120005359
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) to show his rank/grade as that of at least corporal (CPL)/E-4.
2. The applicant states he was paid and discharged as a private first class (PFC)/E-3, but he held the rank of corporal and served as an acting sergeant (SGT)/E-5. His discharge documents show the occupation code of 1745 which is an infantry first sergeant according to the Department of Veterans Affairs.
3. The applicant provides a copy of his DD Form 214, photographs, correspondence addressed to a Member of Congress, and his Department of Veterans Affairs rating decision in support of his request.
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 record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered based on the applicant's DD Form 214 and the documents he submitted.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 22 January 1951. Item 3 (Grade Rate Rank and Date of Appointment) lists his rank as PFC and his date of appointment as 15 September 1952. Item 5 (Qualifications) lists his military occupational specialty (MOS) as 1745 (Light Weapons Infantry Leader).
4. The applicant's DD Form 214 shows he was honorably released from active duty on 24 December 1952 after completing 1 year, 11 months, and 3 days of active military service.
5. The applicant provides photographs of a Soldier he identified as himself in uniform wearing CPL chevrons.
6. During the Korean War MOS 1745 was used to identify members serving in a variety of infantry positions which included not only infantry first sergeants, but also light weapons infantry leaders and squad leaders; mortar section and squad leaders; rifle platoon, section, and squad leaders; and security platoon section and squad leaders.
7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to change the rank listed in item 3 of his DD Form 214 has been carefully considered. However, there is insufficient evidence to support this claim.
2. Army policy in effect at the time did not limit the grade requirement to be placed in an acting SGT position. Therefore, it is entirely possible the applicant served as an acting SGT while holding the rank of PFC. Further, the photograph he provides which shows him wearing CPL chevrons could have resulted from filling an acting CPL position in an MOS 1745 infantry squad leader position.
3. Given that the applicant's military record is not available to the Board, it is not possible to determine if he was ever promoted to a rank/grade higher than PFC/E-3 during his active duty tenure. Therefore, there is a presumption that the information related to his rank/grade and MOS in items 3 and 5 of the DD Form 214 he was issued at the time of his separation is correct.
4. Absent any compelling documentary evidence corroborating the applicant's claim that he was promoted to a rank/grade higher than PFC/E-3 while serving on active duty, there is an insufficient evidentiary basis to support granting the 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) AR20120005359
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ABCMR Record of Proceedings (cont) AR20120005359
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