IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130008443
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 items 3 (Grade, Rate, Rank and Date of Appointment) and 28 (Most Significant Duty Assignment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states:
* item 3 of his DD Form 214 shows his rank as "Cpl (T)" (corporal temporary) and he requests the entry "(T)" be deleted
* none of his Army records show "Cpl (T)" they simply read corporal or corporal Regular Army
* he is an old man and has been ill for several years and he doesn't want "Cpl (T)" on his grave marker
* his Purple Heart orders attest to him serving with Company E, 23rd Infantry Regiment of the 2nd Infantry Division
3. The applicant provides:
* Purple Heart (Bronze Oak Leaf Cluster) orders
* DD Form 214
* Honorable Discharge 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 complete 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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. A DD Form 215 (Correction to DD Form 214), dated 15 August 1991, shows item 28 of his DD Form 214 was amended by showing his most significant duty assignment was Company E, 23rd Infantry Regiment, 2nd Infantry Division. Therefore, this portion of his request will not be discussed further in these proceedings. A copy of the DD Form 215 will be provided to the applicant.
4. His DD Form 214 shows he enlisted in the Regular Army on 12 March 1947 for a period of 5 years. He served as an infantryman in Korea and was honorably discharged on 5 March 1952.
5. Item 3 of his DD Form 214 shows the entry "Cpl (T) 8 Dec 50 (8 December 1950)."
6. There is no evidence which shows he was appointed to the permanent grade of corporal.
7. He provides Purple Heart orders and an Honorable Discharge Certificate which show his rank as corporal.
8. 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. The regulation, in effect at the time provided that for Item 3, enlisted personnel would enter the grade in which serving at time of separation, indicating whether permanent or temporary. Example: "MSG (master sergeant) (P)" or "MSG (T)."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the entry "(T)" be deleted from item 3 of his DD Form 214.
2. The governing regulation states to enter the grade in which serving at the time of separation, indicating whether permanent or temporary in item 3 of the
DD Form 214.
3. There is no evidence which shows he was appointed to the permanent grade of corporal. Regrettably, in the absence of promotion orders, the Purple Heart orders and the Honorable Discharge Certificate provided by the applicant are not sufficient as a basis for amending item 3 of his DD Form 214.
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) AR20130008443
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130008443
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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