BOARD DATE: 22 August 2013
DOCKET NUMBER: AR20130001722
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 Honorable Discharge Certificate to show his rank as sergeant (SGT) instead of corporal (CPL).
2. The applicant states he was a SGT at the time of his discharge from the U.S. Army Reserve; however, his discharge certificate shows he was a CPL.
3. The applicant provides:
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* a certificate of promotion, dated 6 June 1955
* DD Form 256A (Honorable Discharge Certificate), dated 20 March 1956
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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. On 11 January 1951, the applicant was inducted into the Army of the United States.
4. On 10 October 1952, he was honorably released from active duty and transferred to the Enlisted Reserve Component. Item 3 (Grade Rate Rank and Date of Appointment) of his DD Form 214 contains the entry "PFC (T) 16 Jul 51," meaning he was separated in the temporary rank of PFC, to which he was appointed on 16 July 1951.
5. He provides a certificate of promotion, dated 8 June 1955, which shows he was promoted to the rank of SGT in the Army of the United States, effective 8 June 1955, and his Honorable Discharge Certificate, dated 20 March 1956, which shows he was honorably discharged from the Army of the United States, in the rank of CPL, effective 20 March 1956.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The version in effect at the time stated that item 3 would document the grade in which the Soldier was serving at time of his/her separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his Honorable Discharge Certificate should be corrected to show his rank as SGT instead of CPL.
2. He submitted a certificate of promotion that shows he was promoted to the rank of SGT prior to his discharge date. There is no evidence to show he was assigned to a Reserve unit where a reduction in rank could have occurred. In the absence of evidence to the contrary, it can be presumed he maintained the rank of SGT throughout the remainder of his service until his date of discharge.
3. Additionally, it can also be presumed that the rank listed on his Honorable Discharge is incorrect. As such, it would be appropriate to correct his DD Form 256A to show his rank/grade as SGT/E-5.
4. In view of the foregoing, it would be appropriate to correct the applicant's records as shown below.
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 re-issuing him a DD Form 256A with the rank and grade of SGT/E-5.
___________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) AR20110001786
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ABCMR Record of Proceedings (cont) AR20130001722
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