IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120022254
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 (Report of Separation from the Armed Forces of the United States) with an effective date of separation of 6 February 1954 to show his grade as sergeant (SGT).
2. The applicant states his DD Form 214 contains a smudge in Item 3 (Grade-Rate-Rank and Date of Appointment) and his grade is unreadable.
3. The applicant provides:
* his DD Form 214
* a photograph
* orders awarding him the Commendation Ribbon with Metal Pendant
* his Honorable Discharge Certificate, 15 March 1954
* a letter, dated 13 June 2012, from the National Personnel Records Center (NPRC), St. Louis, MO
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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he enlisted in the Regular Army on 7 February 1952.
4. Headquarters, 7th Infantry Division General Orders 533, dated 26 August 1953, awarded the applicant the Commendation Ribbon with Metal Pendant (now known as the Army Commendation Medal) for meritorious service from
14 September 1952 to 27 July 1953. The orders identify the applicant as a sergeant.
5. On 6 February 1954, he was released from active duty and transferred to the U.S. Army Reserve (USAR). His grade in item 3 of his DD Form 214 is unreadable. However, the remaining portion of the entry "(T) 21Jul53" is shown clearly. This indicates his grade was temporary and the date of grade was
21 July 1953.
6. The applicant's Honorable Discharge Certificate, dated 15 March 1954, identifies him as a SGT. The certificate indicates he was transferred to the USAR on 7 February 1954.
7. Special Regulation 615-360-1 (Enlisted Personnel - Discharge Procedures and Preparation of Separation Forms), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation provided that an individual's grade (in which serving at the time of separation) and the date of grade were to be entered in Item 3 of his
DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. His orders awarding him the Army Commendation Medal are dated 1 month after the date of grade shown on his DD Form 214. The orders identify him as a sergeant.
2. His Honorable Discharge Certificate is dated a little over a month after the date of his release from active duty. The certificate identifies him as a SGT.
3. In view of the above, it is reasonable to conclude the applicant was serving in the grade of sergeant at the time of his separation. Therefore, his DD Form 214 should be corrected to reflect his grade as SGT (T) with a date of grade 21 July 1953.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 changing item 3 of his DD Form 214 to read "SGT(T) 21 July 1953."
___________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) AR20120022254
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022254
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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