ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20180003322


APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from 
the Armed Forces of the United States) to change Item 3 (Grade, Rate, Rank and 
date) from corporal (T) to sergeant.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Copy of Commendation
*	DD Form 214
*	Congressional Inquiry Form

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 (ABCMR) 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 would like a promotion from corporal/E-4 to sergeant/E-5.  
His rank should have been sergeant due to his job as a head electrician from 
October 1951 to August 1952.  His military occupational specialist (MOS) of surgical 
technician was never changed to electrician.  He was told that the rank was frozen 
and now he believes that it was not so.  

3.  The applicant provides a copy of commendation that shows the rank of corporal 
dated 14 August 1952.  His DD Form 214 shows in item 3 corporal (T).  A copy of a 
congressional assistance form shows that the applicant sought assistant from his 
congressman.

4.  A review of the applicant’s service record show the following:

	a.  The applicant’s records are void of enlistment documents and are not 
available for the Board to review.

	b.  His DD Form 214 shows that he was inducted in the Army of the United 
States on 2 October 1950.

	c.  He was awarded commendation for outstanding service in Korea during the 
period of 17 December 1952 to August 1952.  The commendation shows the rank of 
corporal. (Document cut off)

	d.  Special orders number 196, dated 29 September 1952, releases the applicant 
from active duty effective 1 October 1952.  The orders show the applicant’s rank as 
corporal.

	e.  After an exhaustive search no evidence was found verifying the applicant’s 
promotion to sergeant. 

	f.  He was released from active duty on 2 October 1952.  His DD Form 214 
shows Item 3 corporal (T) with a date of rank of 4 March 1952. It also shows that he 
completed 2 years and 1 day of active duty service.  

5.  Army Regulation 635-5 (Separation Documents) prescribed the policies and 
procedures for the preparation of separation forms.  The DD Form 214 is a summary 
of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-
cut record of active duty service at the time of release from active duty, retirement, 
or discharge.  Item 3 of the DD Form 214 shows the grade and date of rank of the 
grade held at the time of separation.

6.  The Enlisted Grade Structure in the Army has changed several times since 1942.  
Prior to 1 September 1942, the Army followed the following enlisted grade structure:

*	Grade 1	Master Sergeant (M/Sgt)
*	Grade 2	Technical Sergeant and First Sergeant (T/Sgt & 1st Sgt)
*	Grade 3	Staff Sergeant and Technician 3rd Grade (S/Sgt & Tec 3rd Gr)
*	Grade 4	Sergeant and Technician 4th Grade (Sgt & 4th Gr)
*	Grade 5	Corporal and Technician 5th Grade (Cpl & Tech 5th Gr)
*	Grade 6	Private First Class (Pvt 1st Class)
*	Grade 7	Private (Pvt)

7.  There were other changes on 1 September 1942, 1 August 1948, 1 October 
1949, and on 21 January 1951; however, they are not applicable in the applicant's 
case.  During the period 1 July 1955 to 31 May 1958, the Army followed the 
following enlisted grade structure:

*	Pay Grade E-7, Master Sergeant (M/Sgt)/Master Specialist (MSP)
*	Pay Grade E-6, Sergeant First Class (SFC)/Specialist First Class (SP1)
*	Pay Grade E-5, Sergeant (Sgt)/Specialist Second Class (SP2)
*	Pay Grade E-4, Corporal (Cpl)/Specialist Third Class (SP3)
*	Pay Grade E-3, Private First Class (PFC)
*	Pay Grade E-2, Private/E-2
*	Pay Grade E-1, Private E-1

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
not warranted.  The applicant’s contentions were carefully considered.  He requests 
promotion to SGT based off of the position in which he served.  His record is absent 
evidence that shows he was selected for promotion to SGT by a promotion selection 
board, and that he received orders for a promotion.  The Board agreed there is 
insufficient evidence that shows he was not promoted due to an error or injustice, and 
that he cannot receive a promotion based on his duty position. 

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 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 635-5 (Separation Documents) prescribed the policies and 
procedures for the preparation of separation forms.  The DD Form 214 is a summary of 
a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut 
record of active duty service at the time of release from active duty, retirement, or 
discharge.  Item 3 of the DD Form 214 shows the grade and date of rank of the grade 
held at the time of separation.

3.  The Enlisted Grade Structure in the Army has changed several times since 1942.  
Prior to 1 September 1942, the Army followed the following enlisted grade structure:

    *	Grade 1	Master Sergeant (M/Sgt)
    *	Grade 2	Technical Sergeant and First Sergeant (T/Sgt & 1st Sgt)
    *	Grade 3	Staff Sergeant and Technician 3rd Grade (S/Sgt & Tec 3rd Gr)
    *	Grade 4	Sergeant and Technician 4th Grade (Sgt & 4th Gr)
    *	Grade 5	Corporal and Technician 5th Grade (Cpl & Tech 5th Gr)
    *	Grade 6	Private First Class (Pvt 1st Class)
    *	Grade 7	Private (Pvt)

4.  There were other changes on 1 September 1942, 1 August 1948, 1 October 1949, 
and on 21 January 1951; however, they are not applicable in the applicant's case.  
During the period 1 July 1955 to 31 May 1958, the Army followed the following enlisted 
grade structure:

    *	Pay Grade E-7, Master Sergeant (M/Sgt)/Master Specialist (MSP)
    *	Pay Grade E-6, Sergeant First Class (SFC)/Specialist First Class (SP1)
    *	Pay Grade E-5, Sergeant (Sgt)/Specialist Second Class (SP2)
    *	Pay Grade E-4, Corporal (Cpl)/Specialist Third Class (SP3)
    *	Pay Grade E-3, Private First Class (PFC)
    *	Pay Grade E-2, Private/E-2
    *	Pay Grade E-1, Private E-1


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180003322
	
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