IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006738
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 to Item 3 (Grade-Rate-Rank and Date) on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states his DD Form 214 should list his rank as staff sergeant and not sergeant. He believes this is a clerical error. He would like his DD Form 214 corrected so he may have the proper rank on his headstone should he pass away.
3. The applicant provides no additional evidence.
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 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in the reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The available evidence shows the applicant enlisted in the Regular Army, in pay grade E-1, on 7 September 1948. He completed training and he was awarded military occupational specialty 3271 (Hoist Operator).
4. He was honorably discharged on 8 September 1951 due to expiration of term of service. He was credited with completing 3 years of net active service and 11 months and 7 days of foreign service. Item 3 of his DD Form 214 shows his rank as sergeant (P) (permanent) and the date of appointment as 4 August 1950.
5. His available record is void of evidence he was promoted to SSG prior to discharge.
6. The enlisted grade structure in the Army has changed several times since 1951. During the period 1 October 1949 through 21 January 1951, the Army changed the enlisted grade structure as follows:
Grade 1 Private E-1
Grade 2 Private E-2
Grade 3 Private First Class
Grade 4 Corporal
Grade 5 Sergeant
Grade 6 Sergeant First Class
Grade 7 Master Sergeant
7. On 1 June 1958, the Army changed the enlisted rank structure to the one we know today, 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]
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted; however, there is an insufficient evidentiary basis to support granting the requested relief. The available evidence of record shows he was promoted permanently to sergeant on 4 August 1950.
2. The Army began using the rank of staff sergeant beginning on 1 June 1958. There is no evidence of record available and he provided insufficient evidence to show he was promoted and/or served as a staff sergeant during his period of active duty. Therefore, he is not entitled to correction to Item 3 of his DD Form 214 to show his rank as staff sergeant.
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) AR20120006738
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120006738
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090003551
Application for correction of military records (with supporting documents provided, if any). Item 3 of the DD Form 214 shows the grade held at the time of separation. The applicant contends that his DD Form 214 should be corrected to show his grade as that of S/Sgt.
ARMY | BCMR | CY2013 | 20130009457
The applicant provides: * DD Form 214, ending on 27 January 1958 * Special Orders (SO) Number 5, dated 8 January 1958 * Discharge from the U.S. Army Reserve (USAR) Letter Orders S01-2554, dated 28 December 1962 * Honorable Discharge Certificate, dated 31 December 1962 CONSIDERATION OF EVIDENCE: 1. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2010 | 20100014974
The applicant, the widow of a deceased former service member (FSM), requests correction of her husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his rank as a Sergeant First Class (SFC) instead of a Technical Sergeant (T/Sgt). The evidence of record shows the FSM served on active duty from 20 January 1944 through 5 June 1946. The rank "SFC" did not exist during his military service.
ARMY | BCMR | CY2014 | 20140005575
The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. The evidence of record shows the applicant served on active duty from 4 October 1954 to 24 September 1957.
ARMY | BCMR | CY2010 | 20100016764
Item 3 of the DD Form 214 shows the grade held at the time of separation. The evidence of record shows the applicant served on active duty from 29 August 1952 through 29 August 1955. _______ _ _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.
ARMY | BCMR | CY2013 | 20130014918
The applicant requests, in effect, correction of item 3 (Grade, Rate, Rank, and Date of Appointment) of the DD Form 214 (Report of Separation from the Armed Forces of the United States) of her late husband, a former service (FSM), to show his rank as staff sergeant (SSG), pay grade E-6, with entitlement to back pay. The applicant provided copies of the following: * marriage license which shows she and the FSM were married on 11 June 1952 * two photographs alleged to be of herself and the...
ARMY | BCMR | CY2007 | 20070009465
The applicant requests, in effect, correction of his records to show that he reenlisted on 13 January 1950 in the grade of Technician 5th Grade instead of private first class (PFC)/pay grade E-3, as reflected in his personnel record. The applicant contends that he is entitled to correction of his records to show that he reenlisted on 13 January 1950 in the grade of Technician 5th Grade instead of private first class (PFC)/pay grade E-3, as reflected on his personnel record. Evidence of...
ARMY | BCMR | CY2014 | 20140009876
The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. _____________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.
ARMY | BCMR | CY2005 | 20050003093C070206
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 November 2005 DOCKET NUMBER: AR20050003093 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant’s military records are not available to the Board for review. He was honorably discharged from the Army of the United States on 20 July 1952 in the rank of Sergeant.
ARMY | BCMR | CY2011 | 20110008660
The applicant requests that all of his records be corrected to show he retired in the rank title of sergeant first class. The evidence of record shows that this was the rank and grade he held upon his retirement. The applicant has provided no evidence that there is an error in his official record that can be corrected.