IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140014827
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 the Armed Forces of the United States) to change his rank to corporal (CPL).
2. The applicant states:
* he believes that he earned the CPL stripes
* in December 1953, he arrived at Kunsan, Korea at the age of 17
* he was an acting operations sergeant with 6 Soldiers and 7 South Koreans working under his supervision repairing damaged runways
* he was promoted to CPL by his 18th birthday and he received combat stripes
* he held the rank of CPL until a month prior to his discharge
* a month prior to his discharge he was informed that his rank would be changed to specialist
* he is currently the Quartermaster for his local Veterans of Foreign Wars (VFW) post in Jensen, FL and he would be proud to be able to wear CPL stripes on his VFW uniform
3. The applicant provides his discharge certificate, a self-authored statement, and his DD Form 214.
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, he provides sufficient documents for the Board to conduct a fair and impartial review of this case.
3. The DD Form 214 he provides shows he enlisted in the Regular Army on
6 July 1953.
4. On 21 February 1956, he was released from active duty and transferred to the U.S. Army Reserve. He completed 2 years, 7 months, and 14 days of net active service.
5. Item 3 (Grade-Rate-Rank and Date of Appointment) of his DD Form 214 shows his rank/grade as specialist third class (SP3) and his date of appointment as 16 February 1955.
6. There is no available evidence and he does not provide any evidence showing that he was promoted to corporal.
7. Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, stated that company, troop, battery, and separate detachment commanders could appoint qualified individuals as acting corporals/pay
grade E-4 and acting sergeants/pay grade E-5 to serve in position vacancies existing in their units, including those resulting from the temporary absence of an assigned noncommissioned officer (NCO).
a. Acting NCO's were not entitled to pay and allowances of such higher grades and service as an acting NCO was not to be credited as time in a higher grade for promotion or date of rank purposes.
b. Appointment of acting NCO's and termination of such status were announced in orders issued by the appointing authority. Acting NCO status was terminated:
* at the discretion of the unit commander who made the appointment
* upon reassignment to another unit
* upon assignment of a regularly-promoted NCO to the position
* when casual groups reached their destination
8. Army Regulation 615-15, then in effect, announced a new grade structure with an effective date of 1 July 1955. The new title for CPL was changed to SP3.
DISCUSSION AND CONCLUSIONS:
1. It appears he was appointed as an acting CPL. Although there are no available orders designating or terminating this appointment, it would have been terminated upon his reassignment to the U.S. Army Reserve.
2. He does not provide any orders promoting him to CPL. He was serving as a specialist three/pay grade E-3 at the time of his separation. Therefore, the entries in items 3 of his DD Form 214 are correct.
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) AR20140014827
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140014827
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090009238
The fact that his military records contained orders, dated 25 July 1955, showing that his rank at the time was CPL was noted and will be discussed later in these Proceedings. Department of the Army (DA) Message 344303, dated June 1958 added enlisted grades E-8 and E-9 and restructured titles of certain existing ranks. The fact that the applicant's military records contained an order, dated 25 July 1955, showing that his rank at the time was CPL was noted.
ARMY | BCMR | CY2014 | AR20140007822
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as corporal (CPL) instead of specialist four (SP4). An acting NCO appointed under these provisions had all of the authority of a regularly appointed NCO of the same grade. c. Review of the regulation failed to reveal any provisions authorizing the "automatic" lateral transfer of an acting NCO by reason of time served as an acting NCO.
ARMY | BCMR | CY2009 | 20090002323
The applicant's available military record shows he enlisted in the Army, in pay grade E-1, on 4 May 1953, for 3 years. Therefore, the applicant has no basis for correction to Item 41 of his DD Form 214 to show any other dates. _______ _ __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.
ARMY | BCMR | CY2014 | 20140005575
The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. The evidence of record shows the applicant served on active duty from 4 October 1954 to 24 September 1957.
ARMY | BCMR | CY2010 | 20100007558
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090009238 on 3 December 2009. His DD Form 214 contains entries in the following items: * item 3 (Grade, Rate, or Rank and Date of Appointment) - SP3 (specialist three) (T) 1 July 1955 * item 5 (Specialty Number or Symbol) - N/A * item 28 (Most Significant Duty Assignment) - 1677 1st...
ARMY | BCMR | CY2013 | 20130017114
The applicant provides his Honorable Discharge Certificate and DD Form 214. 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. As a result, the Board recommends denial of so much of the application that pertains correcting...
ARMY | BCMR | CY2014 | 20140009876
The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. _____________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.
ARMY | BCMR | CY2009 | 20090016291
This form also shows his rank as Specialist 2 (T) [temporary] with a date of rank of 19 December 1955. A copy of a noncommissioned officer (NCO)/specialist program appointment letter, dated 13 March 1957, states the applicant's personnel records indicated he converted to a specialist status on or about 1 July 1955; however, there was no record of his acceptance or declination of the rank designation. The applicant also states that he does not know what rank a SP5 is.
ARMY | BCMR | CY2013 | 20130004684
The applicant's military records are not available to the Board. However, his DD Form 214 shows his rank as temporary PFC with a DOR of 18 November 1954. _______ _ 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.
ARMY | BCMR | CY2012 | 20120006291
He states the following new facts are not reflected in his Army Board for Correction of Military Records (ABCMR) Record of Proceeding nor are they reflected in his military records (DA Form 24 (Service Record) and DD Form 214): a. He provides his DA Form 24, prepared on 22 January 1962, for the period 28 October 1955 to 26 October 1957; and his DA Form 20. His record contains: * DA Form 24 for the period 28 October 1955 to 25 October 1957 which shows he was promoted to SP3 (T) on 24 May...