IN THE CASE OF: BOARD DATE: 11 February 2015 DOCKET NUMBER: AR20150005692 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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to change his rank to sergeant (SGT). 2. The applicant states he was wounded while serving with the 1st Cavalry Division in Korea. He hospitalized in Japan for recuperation. After his release from the hospital he was transferred to Camp Kilmer, NJ. His complete service record had not been received at Camp Kilmer when he was being processed for separation. The separation personnel would not recognize his promotion to SGT without documentation. He was processed out as a corporal (CPL). He was told he would receive a new DD Form 214. He never received a new DD Form 214. He received his Purple Heart but not a new DD Form 214. 3. The applicant provides: * DD Form 214 * excerpt of his DA Form 20 (Soldier’s Qualification Card) * mailing label * self-authored statement 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 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 a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army on 14 August 1946. He was separated from active duty on 15 June 1949 in the rank of corporal (CPL). 4. Special Order Number 201, issued by Headquarters, Massachusetts Military District, dated 10 October 1950, shows he was ordered into active military service in the rank of CPL. He entered active duty on 7 November 1950. 5. His WD AGO Form 24A (Service Record) shows in Section 12 (Appointments, Promotions, or Reductions) he was promoted to SGT (Temporary (T)) effective 3 June 1951, by Special Order 71, issued by Headquarters, 5th Cavalry Regiment. These orders are not available for review. 6. His DA Form 20 shows in item 38 (Record of Current Service), he was assigned to – * Company D, 5th Cavalry Regiment, as a CPL from 6 March 1951 to 2 June 1951 * Company D, 5th Cavalry Regiment, as a SGT from 3 June 1951 to an unspecified date 7. On 31 August 1951, he was released from active duty and transferred to the Enlisted Reserve Corp (ERC). 8. Item 3 (Grade-Rate-Rank and Date of Appointment) of his DD Form 214 shows his rank/grade as CPL (Permanent (P)) effective 15 June 1948. 9. Army Regulation 635-5 (Personnel Separations – Separation Documents), then in effect, established standardized policy for the preparation of the DD Form 214. It stated for item 3 to enter the grade in which serving at the time of separation indicating whether permanent (P) or temporary (T) and the date of rank. If the grade at time of separation was not permanent, the permanent grade and date of appointment were to be entered in item 32 (Remarks). DISCUSSION AND CONCLUSIONS: 1. The applicant’s service record shows he was promoted to SGT (T) effective 3 June 1951, and it appears that at the time of separation he was serving in the grade of SGT (T). 2. The governing regulation stated for item 3 on the DD Form 214 to enter the grade in which a Soldier is serving in at the time of separation. His DD Form 214 does not show the grade of SGT (T) in item 3 nor is his permanent grade of CPL listed in item 32 of his DD Form214. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: * replacing the entry in item 3 of his DD Form 214 "SGT (T) 3 JUN 51" * adding to item 32 of his DD Form 214 the entry "CPL (P) 15 JUN 48." _______ _ _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) AR20150005692 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005692 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1