IN THE CASE OF:    

		BOARD DATE:  17 September 2015	  

		DOCKET NUMBER:  AR20150000794 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge from Active Duty) be corrected to reflect his specialist rank.

2.  The applicant states, in effect, that he was unjustly reduced in grade.  He goes on to state that he had worked all night and it was his time off and after returning from the pass in review he was called into the commander’s officer and reduced in grade.  He continues by stating that he had a medical profile for no marching or prolonged standing and was serving as a switchboard operator in the rank of specialist with only 3 months to go before going home.

3.  The applicant provides copies of his DD Form 214, Social Security Card and a Certificate of Service.

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 original military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.

3.  The applicant was inducted on 7 December 1954.  He completed his basic training at Fort Chaffee, Arkansas and his advanced individual training as a cannoneer at Fort Bragg, North Carolina and departed for assignment to Korea.

4.  On 23 February 1956, he was convicted by a summary court-martial for being absent without leave (AWOL) from 16 – 17 February 1956.  His punishment consisted of hard labor without confinement for 14 days and forfeiture of pay.

5.  The applicant’s DA Form 24 (Service Record) shows in Section 1 (Appointments, Promotions, or Reductions) the entries:

* 8 March 1956 private/E-2 (PV2) permanent
* 16 May 1956 private first class (PFC)/E-3 temporary
* 4 August 1956 PV2 permanent 

6.  On 11 August 1956, the applicant’s commander gave him an unsatisfactory conduct rating and indicated that the applicant was unreliable, not dependable, disobedient and disrespectful.  These annotations are recorded on his DA Form 24, Section 10 (Remarks).

7.  He departed Korea in the rank of PV2 on 1 November 1956 and was transferred to Fort Sheridan, Illinois where he was honorably released from active duty (REFRAD) on 1 December 1956 in the rank of PV2 (permanent) with a date of rank of 4 August 1956.  He had served 1 year, 11 months and 25 days of active service.

8.  A review of the available records failed to reveal why the applicant was reduced in grade from temporary E-3 to permanent E-2 and the applicant has not provided evidence to show that he should not have been reduced in grade.  Additionally, there is no evidence such as unit promotion orders to show he was ever advanced to a specialist grade.

9.  Special Regulations Number 615-360-1 (Separation of Enlisted Personnel), then in effect, stated the entry for item 3 of the DD Form 214 was the grade in which serving at time of separation, whether permanent or temporary, and date of appointment.

10.  The Institute of Heraldry website contains the history of U.S. Army enlisted ranks.  It shows that Army Regulation 615-15, dated 2 July 1954, announced a new grade structure.  The new titles for pay grade E-4 were corporal and specialist three.  War Department Circular No. 670-3, dated 12 October 1955, stated the effective date for the above change was 1 July 1955.  Certain circumstances dictated an individual receive an automatic conversion from corporal to specialist three.

11.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions and supporting documents have been noted.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  There is no evidence to show that he was ever advanced to a specialist grade as he claims.

2.  The applicant departed Korea and was honorably REFRAD in the rank of PV2 (permanent).  In the absence of evidence to show otherwise, it must be presumed that he was properly reduced and REFRAD in the rank of PV2 (permanent).

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)                                         AR20150000794



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ABCMR Record of Proceedings (cont)                                         AR20150000794



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