BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002689 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: 17 August 2017 DOCKET NUMBER: AR20160002689 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20150005432 on 1 December 2015. _______________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: 17 August 2017 DOCKET NUMBER: AR20160002689 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 reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision as promulgated in Docket Number AR20150005432 on 1 December 2015. Specifically, he requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 March 1957 to show he was promoted to the rank/grade of sergeant (SGT)/E-5. 2. The applicant states when applying to the 7th Army Noncommissioned Officer (NCO) Academy, his battalion commander consulted with him, saying it was a good school for preparing Soldiers to become good NCOs. In addition, if he graduated, he would earn pay grade E-5. His illness (brain tumor) has kept him from applying himself, as he is 100 percent disabled. 3. The applicant provides: * Special Orders 63, issued by U.S. Army Personnel Center on 16 March 1957 * his DD Form 214, for the period ending 16 March 1957 * DD Form 256A (Honorable Discharge Certificate), dated 24 April 1959 * a photo of two unidentified Soldiers, one believed to be the applicant CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records that were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20150005432 on 1 December 2015. 2. The applicant provides new evidence in the form of documentation listed above, and a new argument, neither of which were considered by the Board in its initial consideration of his case. This new evidence and argument warrant consideration. 3. The applicant enlisted in the Regular Army on 31 March 1954. He completed his initial entry training and was awarded military occupational specialty 145.10 (Artillery Survey Specialist). 4. The applicant was honorably released from active duty and transferred to U.S. Army Reserve (USAR) on 16 March 1957. His DD Form 214 shows in: * item 3a (Grade, Rate or Rank), he was separated in the rank of specialist 3 (SP3) Temporary (T) * item 3b (Date of Rank), his date of rank was 24 September 1955 * item 32 (Remarks), the entry "item 3a – PVT [private] - 2 [PV2] (P) [Permanent] Aptd [appointed] 31 Jul 54" 5. The applicant's record does not contain orders or any other evidence that shows he was promoted to the rank of SGT, nor does his record contain evidence he attended or completed a course conducted under the auspices of the 7th Army NCO Academy. 6. The applicant provides: a. Special orders that show he was released from active duty on 16 March 1957, in the rank of SP3, and was transferred to USAR Control Group (Reinforcement). b. DD Form 256A that shows he was discharged from the Ready Reserve on 24 April 1959, in the rank of specialist four (SP4)/E-4. It appears he was promoted to SP4 in the USAR, which was after his period of active military service. c. A photo of a gentleman circled who has an arrow pointed to the rank shown on his sleeve that appears to be SP4 rank insignia. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance for preparation of the DD Form 214. It stated all available records would be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. a. For item 3a, the preparer was instructed to enter the separating Soldier's grade in which he/she was serving at the time of separation, indicating whether permanent or temporary (e.g., PFC (P)); b. For item 3b, the preparer was instructed to enter the separating Soldier's date of rank for the grade, rate or rank shown in item 3a; and c. For item 32 (Remarks), the preparer was instructed that the remarks section would be used to complete entries too long for their respective items. Specifically, if the grade shown in item 3a was not permanent, enter the permanent grade, date of appointment, and date of rank to the permanent grade. DISCUSSION: 1. The applicant requests correction of his records to show he was promoted to the rank/grade of SGT/E-5 prior to his release from active duty. He contends he was told he would receive the rank after graduating the 7th Army NCO Academy. 2. The evidence of record shows the applicant was permanently appointed to the rank/grade of PVT/E-2, effective 31 July 1954, and temporarily appointed to the rank of SP3/E-3, effective 24 September 1955. There is no evidence within his record, and he did not provide evidence that shows he was promoted to a higher rank/grade than SP3/E-3 prior to being transferred to the Ready Reserve. There is no evidence of error in the rank/grade shown on the DD Form 214 issued at the completion of his active duty service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002689 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2