IN THE CASE OF:	  

		BOARD DATE:  9 October 2012

		DOCKET NUMBER:  AR20120006291 


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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 4 August 1962, as follows:

* Items 3a (Grade, Rate or Rank) from "SSG/E-6 (P) (Staff Sergeant, E-6, Permanent)" to "SFC/E-6 (T) (Sergeant First Class, E-6, Temporary)"
* Item 21 (Grade, Rate or Rank at Time of Entry into Current Active Service) to also show "SFC/E-6 (T)"

2.  As a new issue, he requests correction of his DD Form 214 to show in Item 25 (Specialty Number and Title) the entry "951.70 (Military Policeman (MP))" instead of "951.60 (Platoon Sergeant)."

3.  He states the following new facts are not reflected in his Army Board for Correction of Military Records (ABCMR) Record of Proceeding nor are they reflected in his military records (DA Form 24 (Service Record) and 
DD Form 214):

	a.  His military record shows he reported for active duty in the rank and pay grade of SFC/E-6 and not SSG/E-6, but does not show that he held the position of first sergeant of Headquarters and Headquarters Company (HHC), 310th MP Battalion (BN).  He held that position from 1 September 1960 to 1 March 1962.  His military occupational specialty (MOS) during this time was 951.70 (Platoon Sergeant).  

	b.  He was then transferred to Company C, 310th MP BN, at the request of the Company C commander on a special assignment.  Nothing was ever mentioned about changing his rank or grade.  He kept his SFC/E-6 rank and grade until he was discharged.  No indications of these facts were ever noted on the DA Form 24.

	c.  There are also two entries on page 1 of the DA Form 24, prepared on 22 January 1962, Section 1 (Appointments, Promotions, or Reductions) listing his grade as SSG/E-6.  The entry also shows he entered active military service on
2 October 1961 with the same rank and grade.

	d.  Page 2 of the DA Form 24, Section 4 (Chronological Record of Military Service) lists the following two entries:

* 1 September 1960 - 24 October 1961 – Headquarters and Headquarters Detachment (HHD) 310th MP BN, LIC (Long Island City), NY, MOS 951.70
* 25 October 1961 - 28 February 1962 – HHD, 310th MP BN, LIC, NY, MOS 951.70

e.  The next two entries are:

* 1 March 1962 - 14 April 1962 - Company C, 310th MP BN, Fort Bragg, NC (company transferred), MOS 951.60 (MP)
* 15 April 1962 - 31 July 1962 - Company C, 310th MP BN, Fort Bragg, NC, MOS 951.60

   f.  As one can see, the second two entries conflict with the first two entries.  It also proves that he performed the responsibilities of an SFC before and after being ordered to active duty.  Also, he wants the Board to note that the duty MOS for the entries 1 March 1962 - 14 April 1962 and 15 April 1962 - 31 July 1962 were penciled in as 951.60.  Also, why did the commanding officers of HHC and Company C allow him to continue wearing the stripes of a SFC and not change to a SSG?

	g.  It would appear to him that his rank and grade were changed in error when his service record was rewritten by Chief Warrant Officer Cxxxxxx JH. Rxxxxx on 22 January 1961, to a new service record.

	h.  His DD Form 214 shows SSG/E-6 (P), but should read SFC/E6 (T).  The MOS should have been 951.70 and not 951.60, and not Platoon Sergeant.  He did not perform the duties of a Platoon Sergeant.  The DA Form 24 does not truly reflect his actual responsibilities.
	i.  The enclosed copy of his DA Form 20 (Enlisted Qualification Record) does not list his record of assignments as HHD's first sergeant from 1 September 1960 through 20 August 1961.  It also shows his MOS and grade as 951.70 and sergeant (SGT)/E-6, respectively.  Unfortunately, it does not show his record of assignments after he was recalled to active duty.  This additional information complements information outlined on the DA Form 24.  He respectfully requests review of the additional information and reconsideration to change his 
DD Form 214 to reflect his rank and grade as SFC/E-6 (T).

4.  He provides his DA Form 24, prepared on 22 January 1962, for the period 28 October 1955 to 26 October 1957; and his DA Form 20.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110013450, on 20 December 2011.

2.  He provides a DA Form 20 and a new argument which were not previously considered.  Therefore, they are considered new evidence and warrant consideration by the Board. 

3.  The applicant's record shows he was inducted into the Army of the United States, in pay grade E-1, on 28 October 1955.  He completed training and was awarded MOS 716.10 (Personnel Specialist).  

4.  He served at Fort Devens, MA, and he was honorably released from active duty (REFRAD) in pay grade specialist three (SP3) (T) on 25 October 1957.  He was transferred to the U.S. Army Reserve (USAR), New York Military District.  

5.  His record contains:

* DA Form 24 for the period 28 October 1955 to 25 October 1957 which shows he was promoted to SP3 (T) on 24 May 1957
* DA Form 20 which shows he was awarded MOS 951.60 on 9 March 1959
* Letter Order Number 285 issued by Headquarters, II U.S. Army Corps, Camp Kilmer, NJ, on 29 September 1961, ordering him to active duty in the grade of SFC/E-6, in MOS 951.70, with an entry date of 2 October 1961; date of REFRAD 14 October 1961, date of reentry on active duty  15 October 1961
* DD Form 220 (Active Duty Report), dated 2 October 1961, which shows he entered active duty on 2 October 1961 as a member of the 310th MP BN.  His grade is shown as SSG
* DA Form 24, prepared on 22 January 1962, which shows he was promoted to SSG/E-6 in the USAR on 18 January 1961 and entered on active duty in the grade of SSG on 2 October 1961, with a date of rank of 18 September 1961

* DA Form 24, Section 4, shows the following entries:

* 26 October 1957 to 27 October 1957 - USAR Control Group (Annual Training), USA Corps, NJ
* 28 October 1957 to 31 August 1960 - Company C, 310th MP BN, LIC, NY, MOS 951.60
* 1 September 1960 - 24 October 1961 - HHD, 310th MP BN, LIC, NY, MOS 951.70
* 25 October 1961 - 28 February 1962 – HHD, 310th MP BN, LIC NY, MOS 951.70
* 1 March 1962 - 14 April 1962 - Company C, 310th MP BN, Fort Bragg, NC (company transferred), MOS 951.60 (MP)
* 15 April 1962 - 31 July 1962 - Company C, 310th MP BN, Fort Bragg, NC, MOS 951.60
* 4 August 1962 - REFRAD and return to control of Company C, 310th MP BN, LIC, NY

* Letter Order 984 issued by Headquarters, XVIII Airborne Corps and Fort Bragg, dated 20 June 1962, announcing the REFRAD of personnel listed as assigned to Company C, 310th MP BN, with a release date of 4 August 1962; his name is on the list and his grade and rank are shown as
SSG/E-6

6.  He was honorably REFRAD on 4 August 1962.  His DD Form 214 shows in:

* Item 3a - SSG/E-6 (P)
* Item 21 - SSG/E-6 (P)
* Item 25 - 951.60, Platoon Sergeant

7.  The enlisted grade structure in the Army has changed several times since 1942.  Different rank/grade structures were used during the period 1 September 1942 through 1 August 1948, 1 August 1948 through 30 September 1949, and 1 October 1949 through 21 January 1951.  Additionally, during the period 21 January 1951 through 30 June 1955, the enlisted grade structure was as follows:
Grades 1 and 2	Private (Pvt)
Grade 3	Private First Class (Pfc)
Grade 4	Corporal (Cpl)
Grade 5	Sergeant (Sgt) (with rank insignia of three stripes and one	"rocker," the same as the rank for today's Staff Sergeant)
Grade 6	Sergeant First Class (Sfc)
Grade 7	Master Sergeant (M/Sgt)

8.  On 1 June 1958, the Army changed the enlisted rank structure as follows:

E-1	Private/Recruit
E-2	Private
E-3	Private First Class
E-4	Corporal/Specialist [Specialist Four]
E-5	Sergeant [Specialist Five]
E-6	Staff Sergeant [Specialist Six]
E-7	Sergeant First Class/Platoon Sergeant [Specialist Seven]
E-8	Master Sergeant/First Sergeant [Specialist Eight]
E-9	Sergeant Major [Specialist Nine]

9.  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.  Additionally, the specialty MOS code number and title would be entered in Item 25.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant centers his argument on the DA Form 20 and the DA Form 24 not being properly updated or accurately reflective of his military assignments.  The DA Forms 20 and 24 were locally-maintained forms with input from the unit while the member was in an active or inactive status in the Army.  These forms are no longer updated after the member's separation/discharge.  In addition, at this late date it cannot be determined what his duties were officially listed as on the manning documents.

2.  The available evidence of record shows he was promoted to the permanent rank/grade of SSG/E-6 on 18 January 1961 in the USAR.  He entered active duty in the same grade and rank on 15 October 1961.  

3.  At some point, the Army used the rank of SFC for grade E-6.  However, this designation was changed.  Beginning in 1958, the rank of SSG pertained to pay grade E-6 and the rank of SFC pertained to pay grade E-7.  

4.  In the applicant's case, however, there is no evidence of record available and he provided insufficient evidence to show he was promoted and/or served as an SFC, either as an E-6 or as an E-7 during his period of active duty.  It cannot be determined why his active duty orders showed him with a rank that had been changed 3 years previously.  Therefore, he is not entitled to correction to Item 3a on his 1962 DD Form 214 to show his rank as SFC/E-6.

5.  The available evidence also shows he served on active duty in MOS 951.70, MP, during his period of active duty.  Therefore, he is entitled to correction to Item 25 of his 1962 DD Form 214 to show the title of MP.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial relief.

2.  As to the new issue, the Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting the entry "951.60, Platoon Sergeant," in Item 25 of the applicant's 1962 DD Form 214
* adding the entry "951.70, Military Policeman," to Item 25 of his 1962 
DD Form 214
3.  As to the request for reconsideration, the Board determined that the evidence presented was insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR 20110013459, dated 20 December 2011, by correcting his 1962 DD Form 214 to show his grade and rank as SFC/E-6.



      __________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)                                         AR20120006291





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ABCMR Record of Proceedings (cont)                                         AR20120006291



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