BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20150005432 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 military records to show he was promoted to the rank/pay grade of sergeant (SGT)/E-5. 2. The applicant states: a. He never received his E-5 stripes after he graduated from the 7th Army Noncommissioned Officer (NCO) Academy in November 1955. The NCO Academy was held in Munich, Germany. He was diagnosed with a brain tumor and was unable to attend the pinning ceremony. He earned his stripes and he hopes his official record can be updated to reflect this. He was having medical problems and was unable to pursue this until now. He hopes the photographs he has provided in combination with his service records is enough to confirm he should have received this promotion. b. He was serving in the rank/pay grade of specialist four (SP4)/E-4 before he attended the NCO Academy. Upon returning to his unit in Baumholder, Germany, he was unable to address his graduation concerns as his duties required him to go to Mannheim, Germany, for 2 weeks. Upon his return he became ill (brain tumor) and he was not able to receive his E-5 certificate. 3. The applicant provides copies of the following: * two photographs of * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * two letters he received from the Army Review Boards Agency 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations. 2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and the documents he provided contain sufficient information for the Board to conduct a fair and impartial review of this case. 3. The available evidence shows he enlisted in the Regular Army on 31 March 1954 and he held military occupational specialty 145.10 (artillery survey specialist). 4. He was honorably released from active duty on 18 March 1957 and he was transferred to the U.S. Army Reserve. He was credited with completing 2 years, 11 months, and 16 days of net active service. His DD Form 214 lists in: * Item 3a (Grade, Rate, or Rank), Specialist Three (SP3) (T) (temporary) * Item 3b (Date of Rank), 24 September 1955 * Item 21 (Grade, Rate, or Rank at Time of Entry into Current Active Service), Private-1 (PVT)/E-1 * Item 32 (Remarks), Item 3a – PVT – E-2 (P), APTD (Appointed) 31 July 1954 * Item 34 (Signature of Person Being Transferred or Discharged), the applicant’s signature 5. He provided copies of the following: * two photographs he indicates show him at the 7th Army NCO Academy (both pictures contain a large number of individuals) * two letters, dated 5 May and 11 June 2015, in which he was advised his records appeared to have been destroyed in the 1973 fire. He was also advised that his application was being placed on hold for 30 days and he was asked to provide his DD Form 214 and any other supporting documents he felt would substantiate his claim 6. Army Regulation 615-5 (Enlisted Men-Appointment and Reduction of NCO and Privates First Class (PFC)), in effect at the time, governed the promotion, or appointment of enlisted men to PFC and NCO grades. This regulation stated the effective date of an appointment (promotion) was the date of the instrument of appointment unless confirmed by oral orders previously issued when an authorized commander/promotion authority made an oral order and the order was confirmed in writing. 7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the policies and procedures for the preparation of separation forms. The DD Form 214 was a summary of a Soldier's most recent period of continuous active service. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated: * Item 3a – would list the grade held by the enlisted member at the time of separation; the regulation also required that an indication would be made whether the rank was permanent or temporary * Item 3b – would list the date of appointment to the grade listed in item 3a * Item 32 – was used to complete entries too long for their respective blocks * Item 34 – would list the signature of the person being transferred or discharged 8. The Enlisted Grade Structure in the Army has changed several times. During the period 1 July 1955 to 31 May 1958, the Army followed the enlisted grade structure below: * Pay Grade E-7, Master Sergeant (M/SGT)/Master Specialist (MSP) * Pay Grade E-6, Sergeant First Class (SFC)/Specialist First Class (SP1) * Pay Grade E-5, SGT/SP2 * Pay Grade E-4, Corporal/SP3 * Pay Grade E-3, Private First Class * Pay Grade E-2, PVT E-2 * Pay Grade E-1, PVT E-1 DISCUSSION AND CONCLUSIONS: 1. The available evidence shows the applicant served on active duty from 31 March 1954 through 18 March 1957. Items 3a and 3b of his DD Form 214 shows he was promoted to SP3 (T) on 24 September 1955. During this period of active service, the Army used the designation of SP3 for Soldiers having the pay grade of E-4. There is no available evidence and he did not provide sufficient evidence showing he was promoted to SGT/E-5 prior to his release from active duty. 2. In the absence of appointment/promotion orders confirming his promotion to SGT/E-5, it is presumed the entries in item 3a and 3b of his DD Form 214 are correct. Item 34 of his DD Form 214 contains his signature. This would indicate he attested to the fact that the information recorded in items 3a and 3b of this form were to the best of his knowledge, accurate and complete. 3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. 4. While it is understood that the applicant now desires a different rank/pay grade to be reflected in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's records were correct at the time and there is insufficient evidence to grant him relief in this case. 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) AR20150005432 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005432 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1