ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


BOARD DATE:  2 April 2019
DOCKET NUMBER: AR20170019553


APPLICANT REQUESTS: Correction of his DD Form 214 (Report of Separation from 
the Armed Forces of the United States) to show he was separated in the rank/grade of 
Corporal (CPL/E4) (permanent).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	National Archives and Records Administration (NARA) Form 13038 (Certification 
of Military Service)

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's complete military records are not available for review. A fire 
destroyed approximately 18 million records at the National Personnel Records Center in 
1973. It is believed his records were lost or destroyed in that fire. This case was 
considered based on the documents provided by the applicant and a partially 
reconstructed file by the National Personnel Records Center (NPRC) in St. Louis, MO.

3.	The applicant states he was appointed to Corporal (E4) on 1 December 1951 and 
honorably discharged as a Corporal.  He requested a copy of his DD Form 214 on
20 September 2017 and was informed that it was not available due to it being destroyed 
in a fire. He was issued a NA Form 13038, but his rank was listed incorrectly as Private 
First Class (PFC)/ E3.

4.	The applicant provides his DD Form 214 showing he completed honorable active 
duty service from 16 February 1951 to 16 February 1953. Item 3 (Grade – Rate – Rank 
and Date of Appointment) shows he was promoted to CPL (T) (Temporary) on



1 December 1951. He was honorably released from active duty and transferred to the 
Enlisted Reserve Corps for 5 years of service.

5.	His reconstructed record contains a Special Orders Number 37 (extract) separating 
him from active duty on 16 February 1953. The applicant's name, service number, and 
home of record appears on this document, and his rank is listed as PFC.

6.	There is no evidence and he does not provide any showing he was permanently 
promoted to CPL prior to his release from active duty.

7.	Army Regulation 15-185 (Army Board for Correction of Military Records) provides 
that 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.

8.	Army Regulation (AR) 635-5 (Personnel Separations) states the DD Form 214 is a 
summary of the Soldier's most recent, period of continuous active duty. It provides the 
individual with documentary evidence of current active military service.

*	item 3 (Grade – Rate – Rank and Date of Appointment), for enlisted personnel, 
enter grade in which serving at time of separation indicating whether permanent 
or temporary (Example: "MSgt (P)" or "MSgt (T)")
*	If grade at time of separation is not permanent, the permanent grade, date of 
appointment, and date of rank if different from date of appointment will be 
entered in item 32 (Remarks)

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief. The applicant’s contentions were carefully 
considered. There is no evidence the applicant was permanently promoted to the rank 
of CPL. Based upon the preponderance of evidence, the Board agreed his statement 
alone does not substantiate the requested relief.

BOARD VOTE:

OARD 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.

ADMINISTRATIVE NOTE(S):

Not Applicable 
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 (Personnel Separations) states the DD Form 214 is a 
summary of the Soldier's most recent, period of continuous active duty. It provides the 
individual with documentary evidence of current active military service.

*	item 3 (Grade – Rate – Rank and Date of Appointment), for enlisted personnel, 
enter grade in which serving at time of separation indicating whether permanent 
or temporary (Example: "MSgt (P)" or "MSgt (T)")
*	If grade at time of separation is not permanent, the permanent grade, date of 
appointment, and date of rank if different from date of appointment will be 
entered in item 32 (Remarks)

3.	AR 15-185 (Army Board for Correction of Military Records) prescribes the policies 
and procedures for correction of military records by the Secretary of the Army, acting 
through the ABCMR. The regulation provides that 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.
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