BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160002285 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: 10 October 2017 DOCKET NUMBER: AR20160002285 BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. In making this determination, the applicant and all others concerned should know this nation in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. _____________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: 10 October 2017 DOCKET NUMBER: AR20160002285 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 his rank as sergeant (SGT) instead of corporal (CPL). 2. The applicant states he was informed by his company commander of his promotion to SGT. The government began freezing ranks 6 weeks later. He feels he earned the rank of SGT. 3. The applicant provides: * letter to a Member of Congress * two newspaper articles * note from his mother * Honorable Discharge Certificate * Standard Form (SF) 180 Request Pertaining to Military Records) * Privacy Act Release Form 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 the applicant’s records were destroyed in that fire. However, the documents contained in a reconstructed record and those documents submitted by the applicant are sufficient for the Board to conduct a fair and impartial review of this case. 3. The available evidence contains a DD Form 214 showing he was inducted into the Army of the United States (AUS) and entered active service on 25 January 1951. He held military occupational specialty 4745 (Automatic Rifleman). 4. He provided a letter, dated 24 January 1952, wherein a U.S. Senator advised his parents that he had been wounded in action in Korea. 5. He was honorably released from active duty on 24 October 1952 and he was transferred to the Enlisted Reserve Corps (ERC). His DD Form 214 shows he was credited with completing 1 year and 9 months of active service, of which 10 months and 9 days was foreign service. Item 3 (Grade) of this form lists the entry "CPL(T) (temporary), 4 March 1952." 6. The available evidence is void of orders or an instrument confirming advancement, appointment, or promotion to SGT during his period of active service. 7. He also provided: * two newspaper articles pertaining his return from Korea; one article lists his rank as CPL * a note from his mother stating his records were found * Honorable Discharge Certificate, dated 8 April 1957, listing his rank as CPL REFERENCES: 1. Army Regulation (AR) 615-5 (Enlisted Men-Appointment and Reduction of Noncommissioned Officers (NCO) and Privates, First Class), in effect at the time, governed the promotion, appointment of enlisted men to the rank of PFC and NCO grades. The effective date of an appointment was the date of the instrument of appointment unless confirmed by oral orders previously issues. When an authorized commander/promotion authority made an oral order and the order was confirmed in writing, the effective date could not be earlier than the oral order as confirmed by the written instrument. 2. War Department Technical Manual 12-236 (Preparation of Separation Forms) and AR 635-5 (Separation Documents), in effect at the time, prescribed the policies and procedures for the preparation of separation forms. These regulations state the purpose of the separation document is to provide the veteran with a separation certificate and a military or enlisted record and report of separation. The DD Form 214 is prepared for all enlisted personnel separated from the service due to discharge, release from active duty, transfer to a Reserve Component, or retired. Item 3 of the DD Form 214 shows the rank/grade held at the time of separation. DISCUSSION: 1. There is no evidence to show the applicant was promoted to or was serving in the rank of SGT at the time of release from active duty on 24 October 1952. In the absence of evidence showing otherwise, it is presumed the grade shown on his DD Form 214 and Honorable Discharge Certificate is the grade he held at the time of separation from active duty in October 1952 and the ERC in April 1957. 2. It is possible he was given a promotion during his period of active service as he contends; however, there is no documentary evidence corroborating this possibility. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002285 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002285 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2