ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 21 October 2019 DOCKET NUMBER: AR20170007186 APPLICANT REQUESTS: the mail he receives from the Department of Veterans Affairs (VA) and the Defense Finance and Accounting Services (DFAS) reflect the rank of master sergeant (MSG) not sergeant first class (SFC). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Retirement * The Army Commendation Medal Certificate (ARCOM) * ARCOM write up * Special Order number 299 dated 5 December 1963 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, since his retirement, all mail address to him from military organizations address him as SFC not MSgt. He would like this corrected so he can show his family and friends he retired as a MSG. 3. The applicant provides: * Certificate of Retirement reflects the rank of MSgt and the grade of E-7 * The Army Commendation Medal Certificate (ARCOM) reflects MSgt. * ARCOM citation that reflects MSgt * Special Order number 299 dated 5 December 1963 reflects MSG 4. The applicant service record shows: a. The applicant’s initial enlistment contract was unavailable for review. However, his War Department Adjutant General Form 53-55 (Enlisted Record and Report of Separation) (WD AGO Form 53-55) item 24 (Date of Entry to Active Service) shows his date of induction was 18 January 1944. He entered active duty service on 8 February 1944 with a rank of private first class. He was honorably discharge on 30 January 1946 with a rank of private first class. b. His next reenlistment contract was unavailable for review. However his WD AGO Form 53-55 ending 30 January 1949 item 23 shows his date of enlistment as 31 January 1946. Item 3 (Grade) reflects 7 June 1945 sergeant first class (SFC). It also shows in item 7 date of separation as 30 January 1949 with a rank of SFC. c. He reenlisted In the Regular Army (RA) on 31 January 1949. His DD Form 4 (Enlistment Record United States) reflects in Item 6 (Enlisted in the Grade of) SFC. His DD 214 (Report of Separation from the Armed Forces of the United States) item 3 (Grade-Rate-Rank and Date of appointment) for master sergeant temporary (T) is12 November 1950 he was honorably discharge on 31 January 1955. Item 18 (Grade-Rate and Rank at Time of Entry into Active Service) reflects SFC. d. He reenlisted in the (RA) on 1 February 1955. His DD Form 4 (Enlistment Record United States) reflects in item 34 (In grade of) MSgt (T). His DD Form 214 shows he was honorably discharge on 27 February 1959. Item 3a (Grade-Rate- Rank) MSG (Temp) item 3b (Date of Rank) reflects 12 November 1950. e. He reenlisted in the Regular Army (RA) on 28 February 1959. His DD Form 4 (Enlistment Record Armed Forces of the United States) shows item 32 (Prior Service) reflects his (Grade) as MSG/E7 (T). His DD Form 214 shows he was honorably discharge on 27 January 1963. Item 3a (Grade-Rate-Rank) SFC/E7 item 3b (Date of rank) reflects 12 November 1950. f. He reenlisted in the Regular Army (RA) on 28 January 1963. DD Form 4 (Enlistment Record Armed Forces of the United States) shows item 32 (Prior Service) reflects his (Grade) as SFC/E7. His DD Form 214 shows he was honorably discharged on 31 March 1964. Item 3a (Grade-Rate-Rank) SFC/E7 item 3b (Date of rank) reflects 12 November 1950. It also shows he was retired and transferred to the United States Army Reserve Retired list. 5. Army Regulation 635-5 (Separation Documents) 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. 6. The Enlisted Grade Structure in the Army has changed several times since 1942. Prior to 1 September 1942, the Army followed the following enlisted grade structure: • Grade 1 Master Sergeant (MSG) • Grade 2 Technical Sergeant and First Sergeant (T/Sgt & 1st Sgt) • Grade 3 Staff Sergeant and Technician 3rd Grade (S/Sgt & Tec 3rd Gr) • Grade 4 Sergeant and Technician 4th Grade (Sgt & 4th Gr) • Grade 5 Corporal and Technician 5th Grade (Cpl & Tech 5th Gr) • Grade 6 Private First Class (Pvt 1st Class) • Grade 7 Private (Pvt) 7. There were other changes on 1 September 1942, 1 August 1948, 1 October 1949, and on 21 January 1951; however, they are not applicable in the applicant's case. During the period 1 July 1955 to 31 May 1958, the Army followed the following enlisted grade structure: • Pay Grade E-7, Master Sergeant (MSG)/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 • Pay Grade E-1, Private E-1 8. 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 or Specialist Four • E-3 Private First Class • E-2 Private • E-1 Private or Recruit 9. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. 10. While it is understandable the applicant desires to now record a different rank designation for the same pay grade in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time. BOARD DISCUSSION: After reviewing the application and all suporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record show he was a MSG during a period in which the Army’s rank structure showed MSG was at the grade of E-7. However, the Army’s rank structure changed on 1 June 1958 reflecting SFC for those in the rank of E-7; he separated from the Army on 31 March 1964. The Board agreed there was no error or injustice in this case. 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: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents) 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. 3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created 4. While it is understandable the applicant desires to now record a different rank designation for the same pay grade in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007186 5 1