BOARD DATE: 22 October 2013
DOCKET NUMBER: AR20130003618
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, the widow of a deceased former service member (FSM), requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 March 1967 to show his:
* social security number (SSN) as XXX-XX-9704
* pay grade as E-8
2. The applicant states, in effect, the FSM's SSN was XXX-XX-9704. She was told his retirement grade was E-8, not E-7.
3. The applicant provides a photograph of the FSM and his death certificate.
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 records show he was inducted into the Army of the United States on 28 December 1942. He was released from active duty and immediately enlisted in the Regular Army on 28 October 1945. He served though multiple reenlistments and/or extensions. He was promoted to the rank/grade of master sergeant (MSG)/E-7 on 16 April 1953.
3. His records contain the DD Form 214 he was issued for the period beginning 8 January 1959 and ending 7 January 1963. Item 32 (Remarks) of this form shows his SSN with the sixth and seventh digits of 97.
4. Numerous documents in his records show his serial number and not his SSN. However, his records contain a DA Form 41 (Record of Emergency Data), dated 29 March 1967, wherein his SSN is listed with the sixth and seventh digits of 97.
5. He was honorably retired on 31 March 1967 in the rank/grade of MSG/E-7 and he was placed on the Retired List on 1 April 1967. He completed 24 years, 2 months, and 28 days of creditable active service.
6. Item 3 (SSN) of the final DD Form 214 he was issued for the period beginning 8 January 1966 and ending 31 March 1967 shows his SSN with the sixth and seventh digits as 79.
7. Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) of this DD Form 214 contain the entries MSG and E-7, respectively.
8. A review of the Enlisted Grade Structure of the Army chart shows that from 21 January 1951 to 31 May 1958 the rank of MSG was pay grade E-7. On 1 June 1958, the rank of MSG was converted to pay grade E-8. The pay grade of E-7 was converted to the rank of sergeant first class, platoon sergeant, or specialist seven. The rules in effect at the time stated noncommissioned officers in grades E-5, E-6, and E-7 would retain the rank title and insignia they held on 31 May 1958.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the FSM served under the SSN with the sixth and seventh digits of 97 throughout his active duty service as shown on his DD Form 214 for the period ending 7 January 1963. It appears a typographical error occurred during preparation of his DD Form 214 for the period ending 31 March 1967 and these digits were inadvertently transposed. Therefore, it would be appropriate to correct this DD Form 214 accordingly.
2. The evidence of record confirms that when the FSM was promoted to pay grade E-7 on 16 April 1953, the corresponding rank at that time was MSG. Although the enlisted grade structure changed on 1 June 1958 and the rank of MSG converted to pay grade E-8, noncommissioned officers were allowed to retain the rank title they held prior to the conversion. The FSM's rank/pay grade of MSG/E-7 is correctly shown on his DD Form 214 for the period ending 31 March 1967. Therefore, the applicant is not entitled this portion of the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X__ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 3 of his DD Form 214 for the period ending 31 March 1967 and replacing it with the social security number shown on his DD Form 214 for the period ending 7 January 1963.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of the FSM's pay grade.
__________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) AR20130003618
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ABCMR Record of Proceedings (cont) AR20130003618
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