ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20170018279 APPLICANT REQUESTS: his rank corrected to read Sergeant First Class and that he receive the compensation that’s due to him APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certification of Military Records certificate 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, in effect, in October 2017, he received from the National Archives and Records Administration a document which reflects his rank as Sergeant First Class. At the time of his discharge, his rank was Corporal 4-T; however, it should read Sergeant First Class. He was a corporal 4-T for 18 months, without compensation for being a Sergeant First Class. During his time in the service, he supervised 10 personnel who were above the rank of E-4. 3. The applicant provides a copy of the certification of military service certificate, which reflects he was honorably discharged from the National Guard of the United States on 31 August 1952, as a Sergeant First Class. 4. The applicant’s 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 applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 5. A review of the applicant's reconstructed record shows: a. He entered active service on 1 September 1950 at Kingsport, Tennessee. At the time of separation, he was assigned to Camp Drum, New York as a 3290-Employment Clerk. b. Veterans Affairs (VA) Form 3-7202a (Master Index Card), reflects the applicant enlisted on 15 September 1950 and discharged on 31 August 1952 as a corporal (CPL), Army. c. DA Form 1 (Morning Report), ending on 31 August 1952, reflects the applicant’s duty status changed to honorable discharge, at the rank of CPL. d. His DD Form 214(Report of Separation from the Armed Forces of the United States) shows: * (Block 3, Grade-Rate-Rank and Date of Appointment): CPL(P) 19 August 1948 * (Block 6, Effective Date of Separation): 31 August 1952 * (Block 8, Reason and Authority for Separation): ETS, AR 615-360 * (Block 24, Total Net Service Completed for Pay Purposes): 2 years, 2 months, and 10 days 6. Army Regulation (AR) 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel. 7. The Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the documentary evidence provided by the applicant and found within the military service record of the applicant, the Board concluded that there was insufficient evidence to make a change to the applicant’s rank. All information within the service record reflects the rank of the applicant as Corporal, the same rank that appears on the applicant’s DD Form 214. For that reason, the Board recommends denying the applicant’s requested 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: 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) 635-5, establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel. a. Appendix III, paragraph 1a, states that the purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a vital record for interested government agencies which assist the individual in obtaining the rights and benefits which may accrue to him as the result of such service. b. Paragraph 1e(5)(b), Enlisted personnel, specifies that the grade in which serving at the time of separation indicating whether permanent or temporary will be entered in item 3 of the DD Form 214. ABCMR Record of Proceedings (cont) AR20170018279 3 1