IN THE CASE OF:
BOARD DATE: 22 October 2015
DOCKET NUMBER: AR20150004798
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 reconsideration of his request to correct his records to show he was discharged in the rank of sergeant (SGT) instead of corporal (CPL).
2. He states he left the Army in April 1952 as an SGT/E-5, but his rank on his DD Form 214 (Report of Separation from the Armed Forces of the United States) shows CPL/E-4.
3. He does not provide any additional evidence.
CONSIDERATION OF EVIDENCE:
1. 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 AR20090000030, on 16 June 2009.
2. The applicants 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 that the majority of the applicant's records were lost or destroyed in that fire. This case is being considered based the documents provided by the applicant in his previous case.
3. After having prior service in the Army National Guard, on 25 June 1948, he enlisted in the Regular Army. He served 3 years, 9 months, and 10 days on active duty of which 2 years, 9 months, and 28 days was listed as foreign service. He was honorably discharged on 4 April 1952.
4. His DD form 214 shows in:
* Item 3 (Grade-Rate-Rank and Date of Appointment) CPL (T) (temporary) 21 May 1951
* Item 38 (Remarks) PFC (private first class) (P) (permanent) 29 May 1950
5. There is no evidence and he did not provide any evidence to show he was promoted to or was serving in the rank of SGT at the time of his discharge on
4 April 1952.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Appendix III requires the preparer to enter the grade in which serving in Item 3 at the time of separation indicating whether permanent or temporary. Additionally, the regulation stated that if the rank shown in item 3 is not permanent, enter the permanent grade and date of rank in item 38.
DISCUSSION AND CONCLUSIONS:
There is no evidence and the applicant has not provided any to show he was promoted and/or served in grade of SGT at the time of his discharge on 4 April 1952. His DD Form 214 shows his rank as CPL (T) and the remarks column lists his permanent rank as PFC with a date of rank of 29 May 1950.
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 to amend the decision of the ABCMR set forth in Docket Number AR20090000030, dated 16 June 2009.
__________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) AR20150004798
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ABCMR Record of Proceedings (cont) AR20150004798
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