ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:    17 April 2019

	DOCKET NUMBER:  AR20160016402


APPLICANT REQUESTS: The spouse of the Former Service Member (FSM) requests correction of the applicant’s DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his rank/grade as sergeant (SGT)/E-5 vice corporal (CPL)/E-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Excerpt from the Uvalde Leader Newspaper, dated 9 August 1953
* Special Orders (SO) Number 243, dated 14 December 1953
* Honorable Discharge Certificate, dated 16 December 1953
* DD Form 214, dated 16 December 1953
* Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 1 February 2007
* Death Certificate, dated 27 October 2015

FACTS:

1.  The applicant states the FSM told her a stripe was taken away because the FSM refused to reenlist.

2.  The FSM’s complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that his records were lost or destroyed in that fire.  However, the applicant provided the FSM’s DD Form 214 for the Board to conduct a fair and impartial review of this case.

3.  The FSM’s DD Form 214 shows he entered active duty on 29 December 1950.  His most significant duty assignment (i.e., last duty assignment) was C Company, 317th Truck Battalion.

4.  The FSM was honorably discharged on 16 December 1953.  His DD Form 214 shows he completed 2 years, 11 months, and 18 days of active military service.  His        DD Form 214 also shows in item 3 (Grade, Rate, Rank and Date) as CPL Temporary 21 November 1953. 

5.  The applicant provides:

* Excerpt from the Uvalde Leader Newspaper showing the FSM was identified in the newspaper as SGT after returning to Uvalde, TX after a 15-month tour of duty in Korea
* SO Number 243 showing the FSM was to be honorably discharged in the rank of CPL
* Honorable Discharge Certificate showing the FSM’s rank as CPL
* VA Form 21-4138 wherein the FSM states he was sending a newspaper article showing he was promoted to SGT while stationed in Korea as part of ABCMR Docket Number AR20070001063 (No Board action taken)
* Death Certificate showing the FSM died on 27 October 2015 and Ms. X was the informant

6.  Army Regulation (AR) 635-5 (Administrative Separation Procedures and Forms) in effect at the time states, the purpose of DD Form 214 is to provide the individual with documentary evidence of active military service.  All available records will be used as a basis for preparation.  Item 3, enter the grade at which serving at the time of separation indicating whether permanent or temporary and the date of rank for the grade.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was ot warranted.  Based upon the documents submitted with the application and found within the military service record, the Board concluded there was insufficient evidence to show that the applicant was ever promoted to the rant of Sergeant E5.  Although the applicant provided a newspaper article showing the FSM appearing to be a Sergeant, a newspaper article is not an authoritative document showing promotion, such as orders or annotation on a DA Form 2-1 .  For that reason, the Board recommended denying the applcant’ request for relief. 



BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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.

REFERENCES:

AR 635-5 (Administrative Separation Procedures and Forms) in effect at the time states, the purpose of DD Form 214 is to provide the individual with documentary evidence of active military service.  All available records will be used as a basis for preparation.  Item 3, enter the grade at which serving at the time of separation indicating whether permanent or temporary and the date of rank for the grade.

ABCMR Record of Proceedings (cont)	 AR20160016402
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