BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20170008441 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____x___ ____x____ ____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20170008441 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20170008441 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 record to show he was promoted to corporal. 2. The applicant states that after he arrived in Germany, he received training as a radio operator and then training for an armory position. He was in charge of the armory at Will Kaserne, Munich, Germany, which was under the command of Major General Kenneth Cramer, who was under the command of General Dwight Eisenhower. The armory positon required the rank of corporal. Promotion to corporal was recommended, but did not occur before he was discharged. 3. The applicant provides: * DD Form 214 (Report of Separation from the Armed Forces of the United States) * photographs (one of which shows the applicant wearing the private first class (PFC) insignia of the era in which he served) * medical records, dated 20 July 2017 and 3 August 2017, and related documents showing the applicant is being treated for chronic renal failure * his son's birth certificate * statement from the applicant’s son * court order showing that the applicant changed his last name in in 1975 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 Board has requested the applicant’s military records from the National Personnel Records Center (NPRC) in St. Louis, Missouri, without success. A fire destroyed approximately 18 million service members’ records at the NPRC in 1973. It is believed the applicant’s records were lost in that fire. The only record related to the applicant that NPRC could provide is a page from the service number assignment log on the date of the applicant’s enlistment which shows the applicant’s service number consistent with that shown on his DD Form 214. 3. He enlisted in the Regular Army on 15 January 1951 for a period of two years. On that date, the applicant was given the permanent rank of recruit, private (PVT-1). His most significant assignment was with Company E, 169th Infantry, 43rd Division, in military occupational specialty 1821 (Armorer). He served overseas for 1 year, 2 months, and 1 day. 4. He was honorably released from active duty 20 December 1952 having served 1 year, 11 months, and 6 days active duty. He was transferred to the U.S. Army Reserve to complete his military service obligation. 5. The applicant’s DD Form 214 shows in item 3 (Grade – Rate – Rank and Date of Appointment) that at the time of his release from active duty he was a PFC (temporary) with a date of rank of 21 September 1951. 6. The documents provided by the applicant include a statement from his son that essentially recounts the information provided in the application to the ABCMR and notes that the applicant is in failing health (as confirmed in the medical records provided). His son notes the promotion would boost the pride of a veteran who served his country honorably and would become part of the inscription on his headstone. REFERENCES: Army Regulation 624-200 (Promotions, Demotions, and Reductions – Appointment and Reduction of Enlisted Personnel), in effect at the time, required that a Soldier be in a permanent rank before they could be appointed or promoted to a next higher rank. DISCUSSION: 1. The applicant’s DD Form 214 shows that he held the temporary rank of PFC. Accordingly, he would not have been eligible for appointment or promotion to corporal until he was appointed to the permanent rank of PFC. 2. There is no documentary evidence that the applicant was eligible for or recommended for promotion to the rank of corporal in accordance with Army Regulation 624-200. In the absence of evidence to the contrary, it must be presumed that what the Army did in the applicant’s case was correct. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170008441 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170008441 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2