BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140011231
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 DD Form 214 (Report of Separation from Active Duty) to show:
* His date of birth as 26 September 1929
* His correct rank as command sergeant major (CSM)
2. The applicant states his information is not correctly shown on his DD Form 214.
3. The applicant provides copies of:
* DD Form 214
* State of Florida Certificate of Birth issued 12 June 1987
* Retiree Account Statement effective 20 May 2014
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. A Statement of Personal History, as filed in the applicant's military records,
for the period of service commencing in 1948, shows his date of birth as
26 September 1929.
3. A Standard Form 88 (Report of Medical Examination), completed in conjunction with the applicant's retirement, shows his date of birth as
26 September 1929.
4. A DA Form 20 (Enlisted Qualification Record) shows the applicant was promoted to sergeant major (SGM) with a date of rank of 17 April 1972. This form also shows that he was assigned as an acting CSM from 21 May 1973 to
1 January 1974.
5. A DA Form 2-1 (Personnel Qualification Record - Part II) shows the applicant was assigned as an acting CSM from 1 January 1974 until his retirement on
30 November 1976.
6. Orders 44-69, 2nd Armored Division, dated 13 August 1976, announced the applicant's retirement as a SGM effective 30 November 1976.
7. The applicant's DD Form 214 ending on 30 November 1976 shows his date of birth as 28 February 1928 and his rank as SGM.
8. The certificate of birth provided by the applicant shows he was born on
26 September 1929.
9. The Retiree Account Statement provided by the applicant refers to him as a CSM.
10. Army Regulation 600-200 (Enlisted Personnel Management System), as then in effect, prescribed policy and procedure for career management of Army personnel. It specified that lateral appointments would be announced in orders. Furthermore, it specified that appointment of acting noncommissioned officers would be announced on a DA Form 2496 (Disposition Form) and that such appointments were automatically terminated when no longer in the authorized position.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show:
* His date of birth as 26 September 1929
* His correct rank as CSM
2. Records show the applicants date of birth as 26 September 1929, which is in accordance with his birth certificate. Therefore, his DD Form 214 should be corrected to show this as his date of birth.
3. The evidence of record shows that the applicant was promoted to SGM, pay grade E-9 in 1972 and was subsequently utilized as an acting CSM until his retirement in 1976. However, there is no evidence showing that he was ever selected for or appointed on orders as a CSM. His status as an acting CSM automatically terminated when he retired. Therefore, his rank and pay grade of SGM, E-9 are properly shown on his DD Form 214. The fact that his Retiree Account Statement refers to him as a CSM has no effect upon his status at the time of his retirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ __X______ __X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 showing on his DD Form 214 for the period ending 30 November 1976 his date of birth as indicated on his birth certificate.
2. The Board further determined that 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 showing his rank as command sergeant major.
____________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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140011231
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