IN THE CASE OF:	  

		BOARD DATE:  8 November 2012

		DOCKET NUMBER:  AR20120008697 


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 as corporal (CPL) (permanent)
* he completed the Airborne Infantry School and Geneva Conventions of 1949 training

2.  The applicant states:

	a.  His DD Form 214 does not show he finished 16 weeks of the 101st Airborne Infantry training and the Geneva Conventions of 1949 training.

	b.  He was promoted to CPL/pay grade E-4 shortly after airborne training.  He was never informed that the promotion was temporary.  He was a CPL/E-4 for the balance of his service, over 1 1/2 years.  He was also recommended for promotion to sergeant (SGT), but it was denied.  He questions how one can be recommended for promotion to SGT when holding the temporary rank of CPL.

	c.  He was assigned to troop movement.  He processed U.S. and foreign troops during the day and shipped them out at night, every hour on the hour.  He worked 60 hours straight without sleep on one occasion.  He was never a labor foreman.  The least that can be done is to correct his records so they represent what he did during his time in the service.  Whoever was responsible for his records did a poor job.  They should be accurate.

	d.  On 10 November 1952, he was sent to the hospital for treatment and permanently retired on 21 October 1957.

3.  The applicant provides:

* assignment orders for airborne infantry training
* duty assignment orders
* Certificate of Proficiency, Geneva Conventions of 1949
* retirement orders
* DD Form 214
* permanent retirement memorandum
* troop movement desk sign

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 records show he was inducted into the Army of the United States in pay grade E-1 on 6 November 1950.  He completed training and was awarded military occupational specialty (MOS) 4812 (Heavy Weapons Infantryman).  He was assigned to the 516th Airborne Infantry Regiment on 22 March 1951.

3.  He provided a copy of a certificate which show he completed 3 hours of Geneva Conventions of 1949 training on 10 December 1951.

4.  Section 2 (Appointment, Promotions, or Reductions) of his DD Form 230 (Service Record) shows in he was appointed to:

* private (PVT)/E-2 on 28 February 1951
* private first class (PFC)/E-3 (temporary) on 19 March 1951
* CPL/E-4 (temporary) on 1 May 1951

5.  His DA Form 20 (Soldier's Qualification Card) shows his primary MOS as 4812 (Heavy Weapons Infantryman) and he severed in that MOS from 25 February 1951 to 14 August 1951.  He served in MOS 2356 (Labor Foreman) from 28 August 1951 to 1 August 1952 when he was placed in a patient status.

6.  On 7 November 1952, it was determined that his highest grade satisfactorily held for retirement was CPL/E-4.

7.  He was honorably discharged from active duty on 30 November 1952 and placed on the Temporary Disability Retired List (TDRL).  His DD Form 214 shows:

* item 3 (Grade-Rate-Rank and Date of Appointment) – CPL (temporary), 1 May 1951
* items 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – "None"
* item 28 (Remarks) –

* permanent grade – PVT/E-2
* date of rank – 28 February 1951
* retirement grade – CPL/E-4

* item 30 (Service Schools or Colleges, College Training, Courses and/or Post Graduate Courses Successfully Completed) – "None"

8.  A physical evaluation board convened on 10 October 1957 and recommended his retirement.  On 31 October 1957, he was removed from the TDRL and permanently retired in the rank and pay grade of CPL/E-4.

9.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The version in effect at the time stated items 30 and 31 would list the service training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person successfully completed during the period covered by the DD Form 214.  The entry would also include the title and dates attended (1 week or more) and year completed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was promoted to PVT/E-2 on 28 February 1951 and to CPL (temporary)/E-4 on 1 May 1951.  On 7 November 1952, it was determined the highest grade he satisfactorily held for retirement was CPL/E-4.  He was discharged from active duty on 30 November 1952 and placed on the TDRL.  He was properly issued a DD Form 214 showing this grade.  He was permanently retired on 31 October 1957 in the rank and pay grade of CPL/E-4.

2.  His contentions have been noted; however, there is an insufficient evidentiary basis to support granting the requested relief.  The available evidence of record does not show he was permanently promoted to CPL/E-4 prior to his discharge from active duty on 30 November 1952.  Therefore, he is not entitled to correction to his DD Form 214 to show his rank as CPL (permanent).

3.  The evidence of record does not show the applicant completed the Airborne Infantry School during his period of service.  He has submitted no evidence and there is no evidence to show he completed this training.  Therefore, he is not entitled to correction of his DD Form 214 to show this course.

4.  He provided evidence he successfully completed a 3-hour Geneva Conventions of 1949 course on 10 December 1951, a period of less than 1 week. 
Therefore, he is not entitled to correction this DD Form 214 to show he completed this course in accordance with regulatory guidance.

5.  The evidence of record also shows he was awarded and served in MOS 4812 from 25 February 1951 to 14 August 1951.  He was assigned the principal duty of labor foreman and served in that MOS from 28 August 1951 to 1 August 1951.  There is no evidence of record and he provided insufficient evidence to show he never served as a labor foreman during his period of service.  Therefore, he is not entitled to correction to his records to show he never served in that MOS.

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)                                         AR20120008697



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ABCMR Record of Proceedings (cont)                                         AR20120008697



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