BOARD DATE: 6 August 2013
DOCKET NUMBER: AR20120022436
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 staff sergeant (SSG)/E-6.
2. The applicant states he was discharged in the rank of SSG/E-6. However, his DD Form 214 shows his rank as sergeant (SGT)/E-5.
3. The applicant provides his DD Form 214 and a picture of an individual in uniform.
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 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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents available including those provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. A War Department Form 372A (Final Payment Work Sheet) shows, on 6 December 1948, he was discharged in the rank of corporal (4th grade).
4. His DD Form 214 for the period ending 21 August 1952 shows he reenlisted in the Regular Army on 7 December 1948 for a period of 3 years with 7 years,
11 months, and 19 days of prior service. This form shows his rank and date of appointment as "SGT (permanent) 23 Dec 48."
5. He submits an undated picture of an individual he alleges is of himself. The shoulder sleeve rank insignia appears to be similar to that of the currently used SSG insignia (with one rocker underneath three stripes).
6. A listing of the historical grade structure of the Army shows the following for the period 21 January 1951 to 30 June 1955:
* grade 4 corporal
* grade 5 SGT
* grade 6 sergeant first class
7. The listing further shows the rank of SSG was not used at the time of his discharge in 1952. Various websites indicate the rank insignia for pay grade E-5 at the time was that shown in the photograph he provides.
DISCUSSION AND CONCLUSIONS:
1. A War Department Form 372A shows on 6 December 1948, his grade/rank was grade 4/corporal. His DD Form 214 shows his rank as SGT with an appointment date of 23 December 1948. There is no evidence he was promoted to a grade/rank higher than grade 5/SGT during his tenure of military service.
2. The evidence further shows the rank of SSG was not included in the Army rank structure at the time of the applicant's discharge in 1952. The rank worn on the uniform in the picture also appears to be that of SGT. Therefore, there is no basis upon which to grant the applicant's request.
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) AR20120022436
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ABCMR Record of Proceedings (cont) AR20120022436
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