BOARD DATE: 8 July 2014
DOCKET NUMBER: AR20130018802
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 her late husband's retired grade be changed from sergeant first class (SFC)/E-7 to master sergeant (MSG)/E-8.
2. The applicant states she was told the FSM should have had a pay grade of
E-8.
3. The applicant provides:
* FSM's death certificate
* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 12 November 1967 and 9 October 1973
* DD Form 214 (Report of Separation from Active Duty)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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 FSM enlisted in the Regular Army on 22 February 1959 and he remained on active duty through continuous reenlistments. He was promoted to SFC/E-7 effective 27 October 1977. On 31 October 1981, he retired having completed the required service for retirement in the rank and pay grade of SFC/E-7.
3. His DD Form 214 for the period ending 31 October 1981 shows in:
* item 4a (Grade, Rate or Rank) SFC
* item 4b (Pay Grade) E7
* item 12h (Effective Date of Pay Grade) 77 10 27 (27 October 1977)
4. Item 8 (Highest Grade Served on Active Duty and Branch of Service) of his DA Form 2339 (Application for Voluntary Retirement), dated 9 September 1981, shows the entry "SFC E-7 US Army."
5. There is no evidence of record showing he was promoted to MSG/E-8 or held the rank/pay grade of MSG/E-8 prior to his retirement.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated to enter the active duty grade of rank and pay grade at the time of separation in items 4a and 4b.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the FSM held the rank/ pay grade of SFC/E-7 at the time of his retirement on 31 October 1981.
2. There is no evidence and the applicant provides no evidence that shows the FSM served in the rank of MSG/E-8. His DA Form 2339, dated 9 September 1981, shows the highest grade he served on active duty was SFC/E-7. Regrettably, there is insufficient evidence on which to base granting the applicant's requested relief.
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) AR20130018802
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130018802
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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