ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  28 August 2019

	DOCKET NUMBER:  AR20170012566


APPLICANT REQUESTS:  change to the Former Service Members (FSM) rank from Sergeant First Class to Master Sergeant.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* A Commendation Ribbon with metal pendant write up
* State of Maryland Certificate of Death
* DD Form 214 (Report of Separation from the Armed Forces of the United States)

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 at the time of issuance of the DD Form 214, her husband, the (FSM) believed there was confusion over his current grade.  As stated in the attached commendation for meritorious service write-up, specifically states his performance as being that of a Master Sergeant.  Also, discussions throughout the years with the FSM indicated that communications with his superiors who referred to his grade as Master Sergeant, not Sergeant First Class, as listed on his DD Form 214.  He repeatedly stated that he needed to have his DD Form 214 corrected, but neglected to follow up before his death.

3.  The applicant provides:

	a.  A Commendation Ribbon with Metal pendant write up.  It states the FSM’s rare leadership ability carried him over any difficulty occasioned by the disparity between his rank and that of a Master Sergeant, the grade his position called for.

	b.  A State of Maryland Certificate of Death for the FSM.

4.  A review of the FSM’s service record shows:

	a.  His military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the FSM’s records were lost or destroyed in that fire.  However, this case is being considered using reconstructed records which primarily consist of his DD Form 214, Certification of Military Service, and Special Orders 140.

	b.  However, his DD Form 214 shows he was inducted into the Army of the United States on 11 July 1951.  

     c.  United States of America Certification of Military Service, dated 19 December 1984 shows the FSM’s rank as Sergeant First Class.

	d.  Special orders Number 140, dated 16 June 1953 shows the FSM’s rank as “Sergeant First Class”.

5.  His available records do not contain any evidence showing his rank as “Master Sergeant”.

6.  He was honorably released from active duty on 17 June 1953.  His DD Form 214 shows in:

* Item 3 (Grade_Rate_Rank and Date of Appointment), SFC(T) 20 Feb 1953
* Item 24 (Total Net Service Completed for Pay Purposes), 1 year, 11 months and 7 days

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board did note that the FSM did serve in MSG positions.  However, the Board found no evidence that the applicant was ever promoted to the rank of MSG.  Therefore, the Board concluded there was insufficient evidence of an error or injustice which would warrant making a change to the applicant’s rank.


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 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.  Special Regulation (SR) 615-360-1 states a DD Form 214 is accepted as an official record of the enlisted person’s service by the Veterans Administration and other agencies to which copies are furnished, care will be exercised in the preparation of the form to insure that each page is completely legible to enter the grade in which serving at time of separation, indicating whether permanent or temporary, and date of appointment.



ABCMR Record of Proceedings (cont)	 AR20170012566


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