ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 September 2019 DOCKET NUMBER: AR20180000955 APPLICANT REQUESTS: her deceased husband, a former service member, be promoted from corporal (CPL) to sergeant (SGT). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement from the widow * Mississippi Death Certificate * 92nd Armored Field Artillery Certificate * Date stamped envelopes (20) * DD Form 214 (Report of Separation From The Armed Forces of the United States) * Ready Reserve Discharge 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’s widow states her now deceased husband’s rank was downgraded from SGT to CPL because he checked in late for duty. She adds he maintained he did his very best in the Army and for the sake of his children and grandchildren requests to correct his record and his tombstone. 3. The former service member’s widow provides: a. A self-authored statement, dated 22 December 2017, which states that after serving in Korea, her husband was reassigned to a base which was close to home. One particular weekend, he fell ill and was unable to catch a back to base with his fellow Soldiers. A message was sent to the base, however, his leadership did not receive the message until the next day. The applicant’s family drove him back to base, however, he missed the deadline to report to duty. b. Death certificate from the Mississippi State Department of Health Vital Records, dated 25 October 2016, which states the former service member died on 16 October 2016 from congestive heart failure. c. Newspaper article from the Journal: WWII and Korean War Veterans Honored, dated 4 July 2013, which states the former service member was honored with a luncheon at the Bruce VFW and he led in the Pledge of Allegiance. d. Mississippi marriage certificate which states CC and MT married on 31 October 1952. e. A certificate from the 92nd Armored Field Artillery, dated 20 March 1952, which states “Sergeant” CC had honorable and faithful service with the battalion from 8 July 1951 to 10 March 1952. f. Twenty date stamped letters from June 1952 to August 1952, between the former service member and the applicant which reflects his rank as SGT. g. Honorable Discharge Certificate which reflects the former service member’s rank a CPL and states he was inducted in the Army on 17 November 1950 and transferred to the U.S. Army Reserve on 26 August 1952. h. DD Form 214. 4. A review of the applicant’s service records shows: a. A letter from the National Personnel Records Center, dated 2 March 2018, which states the former service member’s military records were destroyed in a fire at the center on 12 July 1973. Although they could not reconstruct complete personal/medical records, they enclosed alternate records sources. b. The complete facts and circumstances surrounding the former service member’s promotion to higher grades are unavailable for the Board to review. However, based on the Veteran Identification Data Summary, the former service member was inducted in the Army of the United States on 17 November 1950 and honorably discharged on 25 August 1952 at the rank/grade of CPL/E-4. c. His DD Form 214 states: * Item 3 (Grade, Rate, Date of Appointment): CPL (T) 8 Jul 1952 * Item 6 (Effective Date of Separation): 25 August 1952 * Item 7 (Type of Separation): Release Active Duty and Transfer to Enlisted Reserve Component * Item 8 (Reason and Authority for Separation): Convenience of Government * Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): Korea Service Medal with 1 Bronze Service Star * Item 30 (Most Significant Duty Assignment): Battery C, 92nd Armored Field Artillery 5. By regulation, a. AR 624-200, commanders of regiments, battle groups, separate or detached battalions, or any similar or separate organization which is authorized a commander in the grade of lieutenant colonel or higher, and when commander by a field grade officer may promote assigned personnel to pay grades E5 and E9. b. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. The version of the regulation close to the date the former service member was separated, shows: * For items 5a (Grade, Rate or Rank) and 5b (Pay Grade), enter the active duty grade or rank and pay grade at time of separation from the DA Form 20 (Enlisted Qualification Record) * For item 6 (Effective Date of Pay Grade), from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The Board sympathizes with the widow; however, there is not enough supporting documents to grant the relief sought by the widow. The preponderance of the evidence does not show that the applicant was ever promoted above the rank of Corporal. As a result, the Board finds insufficient evidence of an error or injustice which would warrant making a change to the rank of the FSM as depicted on his DD Form 214. 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.1. 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) 624-200 (Promotions, Demotions, and Reduction - Appointment and Reduction of Enlisted Personnel), in effect at the time, prescribes the policies and procedures governing appointment and reduction of all enlisted personnel. a. A Department of Army (DA) recommended list is a list of individuals who have been recommended for promotion by a DA promotion selection board and approved for promotion by Headquarters DA. b. Paragraph 1-2(au): Promotion point cutoff score - Minimum number of promotion points required by a three digit MOS for promotion to grades E5 and E6 during a specified period. c. Promotion of enlisted personnel to grade E3 through E9, appointments, grade reductions, and grade restorations will be announced in routine orders. d. Commanders of regiments, battle groups, separate or detached battalions, or any similar or separate organization which is authorized a commander in the grade of lieutenant colonel or higher, and when commander by a field grade officer may promote assigned personnel to pay grades E5 and E9. 3. Army Regulation (AR) 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), in effect at the time, establish uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service. Section II, Separation Certificates, paragraph 9(2)(b), in effect at the time, states the DD Form 214 will be issued at the time of separation to each officer and enlisted person discharged, retired, or relieved from active duty, regardless of the character of service rendered. ABCMR Record of Proceedings (cont) AR20180000955 5 1