BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130014918
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 item 3 (Grade, Rate, Rank, and Date of Appointment) of the DD Form 214 (Report of Separation from the Armed Forces of the United States) of her late husband, a former service (FSM), to show his rank as staff sergeant (SSG), pay grade E-6, with entitlement to back pay.
2. The applicant states she wants to place the above rank on his urn because he would also want this. As his spouse for 60 years she deserves the back pay. Perhaps it (the promotion) was from him being transferred from Germany in January 1951 to serve in France until his discharge on 20 October 1952. She is submitting copies of two wedding photographs in which his rank is plainly seen.
3. The applicant provides copies of the following:
a. Their marriage certificate and two wedding photographs;
b. The FSM's:
(1) WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) and Honorable Discharge Certificate;
(2) DD Form 214;
(3) Veterans Administration (VA) Certificate of Eligibility;
(4) Department of Defense (DOD) Uniformed Services Identification (ID) Card (front and back); and
(5) Death certificate.
c. Her letter to the Army Review Boards Agency (ARBA) and two letters from ARBA.
CONSIDERATION OF EVIDENCE:
1. The FSMs complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, there are sufficient documentation contained in a reconstructed record and those submitted by the applicant for the Board to conduct a fair and impartial review of this case.
2. The available evidence shows the FSM enlisted in the Regular Army (RA) on 6 April 1946. He was honorably discharged for the purpose of immediate reenlistment on 5 April 1949. His WG AGO Form 53, item 3 (Grade) lists his rank as corporal (CPL) with a date of 1 February 1949.
3. The FSM reenlisted in the RA on 6 April 1949.
4. The applicant provided copies of the following:
* marriage license which shows she and the FSM were married on 11 June 1952
* two photographs alleged to be of herself and the FSM, in which she stated the pictures were taken on her and the FSM's wedding date and clearly show the FSM's rank as SSG
5. The available record contains Special Orders Number 245, issued by Headquarters, 2053rd Army Service Unit Reception Center, dated 18 October 1952, releasing the FSM from active duty and discharging him on 20 October 1952. The orders list his rank as sergeant (SGT).
6. The FSM was honorably discharged on 20 October 1952. His DD Form 214 lists in item 3 his rank/grade as SGT (T (temporary)), 14 September 1951.
7. The applicant also provided copies of the following:
* FSM's VA Certificate of Eligibility, dated 17 May 1956, which does not list his grade or rank
* FSM's DOD ID Card, issued on 27 April 2004, which shows a Department of VA Promotion to pay grade E-6
* FSM's death certificate which shows the FSM died on 9 August 2012
* her letter to ARBA and two letters from ARBA all pertaining to her request for correction of the FSM's military records
8. The enlisted grade structure in the Army has changed several times. Effective 21 January 1951 the Army changed the enlisted grade structure as follows:
* Grade 1 - Private E-1
* Grade 2 - Private E-2
* Grade 3 - Private First Class
* Grade 4 - Corporal
* Grade 5 - Sergeant
* Grade 6 - Sergeant First Class
* Grade 7 - Master Sergeant
9. On 1 June 1958, the Army again changed the enlisted rank structure, as follows:
* E-1 - Private/Recruit
* E-2 - Private
* E-3 - Private First Class
* E-4 - Corporal/Specialist [Specialist Four]
* E-5 - Sergeant [Specialist Five]
* E-6 - Staff Sergeant [Specialist Six]
* E-7 - Sergeant First Class/Platoon Sergeant [Specialist Seven]
* E-8 - Master Sergeant/First Sergeant [Specialist Eight]
* E-9 - Sergeant Major [Specialist Nine]
10. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their discharge or release from active duty. The regulation stated item 3 would list the grade in which serving at the time of separation, indicating whether permanent or "T."
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of the FSM's DD Form 214 was carefully considered; however, the available evidence shows the FSM reenlisted in the RA in the rank of CPL and was promoted to SGT (T) on 14 September 1951. He was honorably discharged on 20 October 1952 in that rank.
2. The Army began using the rank of SSG beginning on 1 June 1958. There is no evidence of record available and the applicant provided insufficient evidence showing the FSM was promoted and/or served in pay grade E-6 during his period of active duty. Therefore, there is insufficient evidence to support the correction of item 3 of the FSM's DD Form 214 to show his rank as SSG, pay grade E-6, with entitlement to back pay.
3. In making this determination, the applicant and all others concerned should know that this nation in no way diminishes the sacrifices made by the FSM in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
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.
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