ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 June 2019 DOCKET NUMBER: AR20170007615 APPLICANT REQUESTS: his record be corrected to show he was a staff sergeant (SSG) at the time of his discharge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * A letter from his Congressman * An Honorable Discharge Certificate * Five photographs * A “Certification of Military Service” * A letter from the National Personnel Records Center (NPRC) 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 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 he was promoted to SSG, but the DD Form 214 “Report of Separation from the Armed Forces of the United States” and discharge certificate he received from St. Louis show only sergeant (SGT). He believes that the error may exist because he originally intended to go into the Air Force (AF) after leaving the Army. An AF officer told him if he came into the AF he would lose one rank and he then decided not to do it. He has tried to get his records, but has not had any luck because of the 1973 NPRC fire. He did not realize his rank was wrong and it is important to him to have it corrected for his headstone. 3. The applicant provides: a. A letter from NPRC, dated 7 August 2002, which shows his service records likely would have been destroyed or damaged by fire, if present at the NPRC on 12 July 1973. a. b. Five photographs of (presumably) the applicant in military uniform wearing the rank of SSG. c. A letter from his Congressional Representative, dated 26 May 2015, which shows he had been unable to find documentation listing the applicant as a SSG. 4. A review of the applicant’s available service record shows: a. He enlisted in the Regular Army on 28 October 1949. b. Daily Sick Reports and Morning Reports from 23 April 1950 through 16 January 1951 shows the applicant’s rank as corporal. c. A Morning Report, dated 4 March 1951, shows the applicant’s rank as SGT. d. He was honorably discharged on 7 November 1952. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows in: * Item 3 (Grade, Rate, Rank and Date of Appointment), SGT (Temporary), 22 February 1951 * Item 38 (Remarks), Permanent Grade private first class 27 July 1950 5. By regulation, enter grade in which serving at time of separation indicating whether permanent or temporary. Pay grade will also be shown. Example: “MSgt (P) (E-7)” or “MSgt (T) (E-7).” BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence presented by the applicant and found within the military service record, the Board found insufficient evidence that he applicant ever obtained the rank of SSG prior to his discharge in November 1952. 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. 0 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 Army Board for Correction of Military Records (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 (AR) 15-185, (Boards, Commissions, and Committees—Army Board for Correction of Military Records), provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for correction of a military record. Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. AR 635-5, (Personnel Separations—Administrative Separation Procedures and Forms), in effect at the time, established uniform administrative procedures and forms to be used in conjunction with relief from active duty or complete separation from military service. Appendix III included instructions for the preparation of DD Form 214 and directed entry of the grade in which serving at the time of separation along with indicating whether permanent or temporary.