IN THE CASE OF:	  

		BOARD DATE:	  4 October 2012

		DOCKET NUMBER:  AR20120006738 


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, in effect, correction to Item 3 (Grade-Rate-Rank and Date) on his DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states his DD Form 214 should list his rank as staff sergeant and not sergeant.  He believes this is a clerical error.  He would like his DD Form 214 corrected so he may have the proper rank on his headstone should he pass away.

3.  The applicant provides no additional evidence.

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 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, there were sufficient documents remaining in the reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The available evidence shows the applicant enlisted in the Regular Army, in pay grade E-1, on 7 September 1948.  He completed training and he was awarded military occupational specialty 3271 (Hoist Operator).

4.  He was honorably discharged on 8 September 1951 due to expiration of term of service.  He was credited with completing 3 years of net active service and 11 months and 7 days of foreign service.  Item 3 of his DD Form 214 shows his rank as sergeant (P) (permanent) and the date of appointment as 4 August 1950.

5.  His available record is void of evidence he was promoted to SSG prior to discharge.

6.  The enlisted grade structure in the Army has changed several times since 1951.  During the period 1 October 1949 through 21 January 1951, the Army changed the enlisted grade structure as follows:

Grade 1	Private E-1
Grade 2	Private E-2
Grade 3	Private First Class
Grade 4	Corporal
Grade 5	Sergeant 
Grade 6	Sergeant First Class
Grade 7	Master Sergeant

7.  On 1 June 1958, the Army changed the enlisted rank structure to the one we know today, as follows:

E-1	Private/Recruit
E-2	Private
E-3	Private First Class
E-4	Corporal/Specialist [Specialist Four]
E-5	Sergeant [Specialist Five]
E-6	Staff Sergeant [Specialist Six]
E-7	Sergeant First Class/Platoon Sergeant [Specialist Seven]
E-8	Master Sergeant/First Sergeant [Specialist Eight]
E-9	Sergeant Major [Specialist Nine]
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted; however, there is an insufficient evidentiary basis to support granting the requested relief.  The available evidence of record shows he was promoted permanently to sergeant on 4 August 1950.  

2.  The Army began using the rank of staff sergeant beginning on 1 June 1958.  There is no evidence of record available and he provided insufficient evidence to show he was promoted and/or served as a staff sergeant during his period of active duty.  Therefore, he is not entitled to correction to Item 3 of his DD Form 214 to show his rank as staff sergeant.

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)                                         AR20120006738



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ABCMR Record of Proceedings (cont)                                         AR20120006738



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