IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150009513 BOARD VOTE: ____X_____ __X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150009513 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing item 3 of his DD Form 214 to read "SGT(T) 13 August 1953." _____________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. IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150009513 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 his grade be changed from corporal (CPL) to sergeant (SGT) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) with an effective date of separation of 8 January 1954. 2. The applicant made no additional statements. 3. The applicant provides: * Headquarters, 33rd Field Artillery Battalion, Special Order Number 156, dated 28 August 1953 * DD Form 214 * His previous application for correction of his military records * a letter, dated 5 January 2006, from Army Board for Correction of Military Records (ABCMR) 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 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 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. Records provided in part by the applicant and also obtained from alternate sources are sufficient for the Board to conduct a fair and impartial review of this case. 3. His DD Form 214 shows that on 24 January 1951 he enlisted in the Regular Army for 3 years. 4. He provided Headquarters, 33rd Field Artillery Battalion, Special Order Number 156, dated 28 August 1953, promoting him to SGT, E-5 (temporary) effective 13 August 1953. 5. Headquarters Personnel Center, Camp Stoneman, CA, Special Orders Number 6, dated 6 January 1954, listed the applicant as being discharged. These orders identify him as a SGT. 6. On 8 January 1954, he was honorably discharged. Item 3 (Grade, Rate, Rank and Date of Appointment) of his DD Form 214 shows his grade as CPL(T) with a date of appointment as 1 April 1952. His most significant duty assignment was Battery A, 334rd Field Artillery Battalion. REFERENCES: Special Regulation 615-360-1 (Enlisted Personnel - Discharge Procedures and Preparation of Separation Forms), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation provided that an individual's grade (in which serving at the time of separation) and the date of grade were to be entered in Item 3 of his DD Form 214. DISCUSSION: 1. The applicant provided his orders promoting him to SGT effective 13 August 1953. His discharge orders identify him as a SGT. 2. There is sufficient evidence to show he was serving in the grade of SGT at the time of his discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009513 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009513 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2