ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 June 2019 DOCKET NUMBER: AR20180004151 APPLICANT REQUESTS: the former service member’s (FSM) rank be restored to Staff Sergeant (SSG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * photos of the FSM and medals * print-out from US Department of Veterans Affairs (VA) Nationwide Gravesite Locator * letter from National Personnel Records Center * National Archives Form 13038, Certification of Military Service * letter from Congressional Liaison and Inquiries, Army Review Boards Agency 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 FSM's complete military records are not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the ABCMR to conduct a fair and impartial review of this case. 3. The applicant states: * her brother’s Certificate of Military Service lists him as “Private” (PVT/E-1) * in 1951, after their mother’s funeral, she stayed overnight and her brother, the FSM, showed her his uniform which clearly had SSG chevrons 4. The applicant provides: * self-authored letter, in which she states: * the FSM was a patriotic American Soldier and veteran who served this country well and honorably * the FSM was buried in New York City under guardianship because no one seemed to know he had a sister in Washington state that was still alive * she was never notified of his passing * if she had known, she would have been at his funeral with most of her children and husband * she wishes to get her brother’s personal items * various photos of the FSM in uniform and one of some of his medals * print-out from the VA website which shows the FSM, who is buried in a National Cemetery in New York, is listed as a PVT/E-1 who served in World War II, and died on 2 June 2007 * letter wherein the National Personnel Records Center informs her that the FSM records is not in their files, and may possibly have been destroyed in a fire * Certification of Military Service which shows the following: * the FSM’s name as x_x_x_ * he served from 5 February 1941 to 30 September 1947 * he received an honorable discharge * his late grade, rank, or rating is Private * letter from Congressional Liaison and Inquiries, Army Review Boards Agency wherein the applicant was notified that in order for the Board to review and consider the FSM’s records, she must submit a DD Form 149 with supporting documents and proper proof of relationship to FSM 4. The FSM’s service records were partially reconstructed. A review of those reconstructed documents shows the War Department Form 372 A (Final Payment – Work Sheet) which shows: * he received final pay on 21 July 1947 * his rank is shown as PVT * he was discharged on 30 September 1947 5. During the period 1 September 1942 through 1 August 1948, the Army employed the following enlisted grade structure: * Grade 1 – Master Sergeant * Grade 2 – Technical Sergeant * Grade 3 – Staff Sergeant and Technician 3rd Grade * Grade 4 – SGT and Technician 4th Grade * Grade 5 – Corporal and Technician 5th Grade * Grade 6 – PFC * Grade 7 – PVT BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The Board found that the applicant did not provide and the record holds no evidence that the FSM ever served in the rank/grade of SSG/E- 6. The only grade/rank evident in the FSM’s service record is PVT/E-1. Therefore, 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. (Optional as applicable.) 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. The Enlisted Grade Structure in the Army has changed several times since 1942. a. 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) b. During the period 1 September 1942 through 1 August 1948, the Army employed the following enlisted grade structure: * Grade 1 – Master Sergeant * Grade 2 – Technical Sergeant * Grade 3 – Staff Sergeant and Technician 3rd Grade * Grade 4 – SGT and Technician 4th Grade * Grade 5 – Corporal and Technician 5th Grade * Grade 6 – PFC * Grade 7 – PVT //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180004151 4 1