IN THE CASE OF: BOARD DATE: 11 February 2016 DOCKET NUMBER: AR20150007153 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 show the Bronze Star Medal and the rank of sergeant first class. 2. The applicant states his DD Form 214 does not reflect his award or his rank of sergeant first class. 3. The applicant provides his DD Form 214, a certificate for award of the Bronze Star Medal, and an Honorable Discharge Certificate. 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 to the Board 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 for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he enlisted in the Regular Army for 3 years and entered active service on 20 December 1950. His grade, rate, or rank at time of entry into current active service is shown as private (PVT)/E-1. 4. His DD Form 214 also shows he was honorably discharged on 13 October 1953 and reenlisted for 6 years on 14 October 1953. This form also shows that at the time of his separation, he held an infantry specialty and he was assigned to Company C, 6th Infantry Regiment. 5. His DD Form 214 also shows he completed a total of 5 years and 12 days of creditable military service during this period, of which 2 years, 10 months, and 10 days was foreign service, and he had 5 days of lost time. 6. He was honorably discharged from active duty on 6 January 1956. His DD Form 214 shows in: * Item 3a (Grade-Rate-Rank and Date of Appointment), the entry PFC (Private First Class) (Temporary (T)), 21 September 1955 * Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the Army of Occupation Medal (Germany), Korean Service Medal with 1 bronze service star, United Nations Service Medal, National Defense Service Medal, and Combat Infantryman Badge * Item 38 (Remarks), the entry "Pvt-2 (P), Appointed 20 December 195[?]" (the year is unclear) 7. He provides: a. Honorable Discharge Certificate, dated 13 October 1953, showing he was honorably discharged from the Armed Forces of the United States in the rank of sergeant first class at the time of his immediate reenlistment. b. Bronze Star Medal Certificate, dated 27 August 1953, showing he received the award for meritorious achievement in ground combat operations in Korea from 15 February to 27 July 1953. His rank is shown as sergeant first class. 8. His available records do not contain orders promoting him to sergeant first class or discharge orders showing he held this rank upon separation in January 1956 and/or orders awarding him the Bronze Star Medal. 9. Army Regulation 600-8-22 (Military Awards) states the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy, or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 10. Army Regulation 635-5 (Separation Documents) at the time prescribed the policies and procedures for the preparation of separation forms. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. 11. The Enlisted Grade Structure in the Army has changed several times since 1942. There were changes on 1 September 1942, 1 August 1948, 1 October 1949, and on 21 January 1951. During the period 1 July 1955 to 31 May 1958, the Army followed the following enlisted grade structure: * 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, Sergeant (Sgt)/Specialist Second Class (SP2) * Pay Grade E-4, Corporal (Cpl)/Specialist Third Class (SP3) * Pay Grade E-3, Private First Class (PFC) * Pay Grade E-2, Private/E-2 and Pay Grade E-1, Private E-1 12. On 1 June 1958, the Army changed the enlisted rank structure as follows: * E-9 Sergeant Major/Specialist Nine * E-8 First/Master Sergeant/Specialist Eight * E-7 Sergeant First Class/Platoon Sgt/Specialist Seven * E-6 Staff Sergeant/Specialist Six * E-5 Sergeant/Specialist Five * E-4 Corporal/Specialist Four * E-3 Private First Class * E-2 Private and E-1 Private or Recruit DISCUSSION AND CONCLUSIONS: 1. With respect to the rank: a. The applicant initially enlisted in the Regular Army on 20 December 1950. He was honorably discharged in the rank of sergeant first class on 13 October 1953. He then reenlisted on 14 October 1953 and served through 6 January 1956. It is possible he performed sergeant first class duties in 1953. It is equally possible he was advanced/promoted or appointed to the rank of sergeant first class before his discharge in October 1953. b. However, his DD Form 214 shows at the time of his discharge in 1956 he held the rank of PFC (T) and his date of appointment was 21 September 1955. There are no promotion/appointment or separation orders that confirm he held the rank of sergeant first class on the date he was discharged in 1956. Absent such orders, it must be presumed the rank entry on his DD Form 214 is correct and there is insufficient evidence to change it. 2. With respect to the Bronze Star Medal: a. The applicant's honorable service in Korea and his award of the Combat Infantryman Badge are noted. Likewise, the Bronze Star Medal certificate he provides is also noted. However, it is insufficient by itself, without the orders, to add this award to his DD Form 214. b. The governing Army regulation states that for personal decorations (which include the Bronze Star Medal) formal recommendation, approval through the chain of command, and announcement in orders are required. In the absence of orders or any other corroborating documents, there is an insufficient evidentiary basis for granting the applicant's requested relief. 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) AR20150007153 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007153 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1