ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  6 August 2019

	DOCKET NUMBER:  AR20180004106


APPLICANT REQUESTS: The applicant the widow of the Former Service Member 
(FSM) requests correction of the FSM’s DD Form 214 (Report of Separation from the 
Armed Forces of the United States) to show his rank as staff sergeant (SSG)/E-6 
instead of sergeant (SGT)/E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, dated 27 February 1953
*	Photographs of uniform insignia and the FSM
*	Certificate of death, dated 10 January 2017

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 pertinent part:

*	at the time of the FSM’s burial they realized his DD Form 214 showed the 
incorrect grade
*	he was honorably discharged in February 1953 as a SSG and it should be 
reflected on his tombstone
*	he did not check his rank before being discharged after serving overseas for 30 
months

3.  The FSM’s complete military records are not available for review.  A fire in 1973 
destroyed approximately 18 million service members’ records at the National Personnel 
Records Center.  The Army personnel records affected dated between November 1912 
and January 1960.  It is believed his records were lost or destroyed in that fire.  
However, the FSM’s reconstructed record contained a DD Form 214 to be able to 
conduct a fair and impartial review of this case.
*	30 December 1949 – the FSM enlisted in the Regular Army
*	27 February 1953 – the FSM was honorably discharged from active duty by 
reason of expiration term of service, DD Form 214 shows in item 3 (Grade, Rate, 
Rank and Date of Appointment) SGT Temporary and he completed 4 years, 3 
months, and 28 days of net service

4.  The applicant provides:

*	photographs of uniform insignia and the FSM
*	Certificate of death showing the FSM died on 10 January 2017 and the applicant 
was the informant

5.  Army Regulation (AR) 635-5 (Personnel Separations) in effect at the time states              
DD Form 214 will be issued at the time of separation to each officer and enlisted person 
discharged from active duty.  Item 3, enter the grade at which serving at the time of 
separation indicating whether permanent or temporary.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the Soldier’s period of service, the 
belief that his records may have been lost in a fire, the temporary rank shown on his DD 
Form 214 and the changing Army rank insignia over time. The Board found there was 
insufficient evidence to show that the Soldier had been promoted to SSG prior to his 
separation and determined that the rank shown on his DD Form 214 was not in error or 
unjust. 

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
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.


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 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.  AR 635-5 (Personnel Separations) in effect at the time states DD Form 214 will be 
issued at the time of separation to each officer and enlisted person discharged from 
active duty.  Item 3, enter the grade at which serving at the time of separation indicating 
whether permanent or temporary.


ABCMR Record of Proceedings (cont)	 AR20180004106
	
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