ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 18 October 2019 
DOCKET NUMBER: AR20180005583

APPLICANT REQUESTS: correction of his WD AGO Form 53 (Enlisted Record and 
Report of Separation) and military record to show the rank of sergeant. The 
applicant requests an appearance before the Board.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Separation Qualification Record 
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 that he was promoted to sergeant before being discharged 
and was never given his stripes. It was clearly posted on the bulletin board that he 
was being promoted from corporal/E-4 to sergeant/E-5. He will be 92 years old and 
still would like the grade of sergeant that was given to him at the time he was 
discharged. This is solely to satisfy the effort that he gave to his country. The 
applicant requests an appearance before the Board.

3.	The applicant provides a copy of Separation Qualification Record which shows 
item 3 (Grade) as corporal.

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

   a.	After an exhaustive search, no record of enlistment could be found in the 
applicant’s service record.

   b.	His separation qualification record, shows that he was inducted in the Army of 
the United States on 17 October 1944.
   


c.	He served in Korea from 22 March 1945 to 23 August 1946.

   d.	His promotion record (Appointment, Promotion, or Reduction) shows that he 
was promoted to corporal on 1 February 1946.

   e.	His Soldier certification card shows in item 29 (Record of Current Service) 
grade corporal date of 23 March 1946 reflected.

   f.	WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior 
to Discharge, Release from Active Duty or Retirement) shows in item 3 (Grade) 
corporal.

   g.	He was discharged from active duty on 1 November 1946. His WG AGO 
Form 53 (Enlisted Record and Report of Separation) shows in item 3 (Grade) 
corporal with a date of rank of 1 February 1946. It also shows that he completed 
2 years and 15 days of active duty service.

   h.	After an exhaustive search, no records could be found confirming the 
applicant’s promotion to sergeant.

5.	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)

6.	By regulation (AR 15-185 - ABCMR), an applicant is not entitled to a hearing 
before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the 
Director of the ABCMR.



BOARD DISCUSSION:

The applicant's request for a personal appearance hearing was carefully considered. 
In this case, the evidence of record was sufficient to render a fair and equitable 
decision. As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.

After reviewing the application and all supporting documents, the Board found relief 
was not warranted. The applicant’s contentions were carefully considered. He was 
promoted to CPL on 1 February 1946, and separated on 1 November 1946. The 
Board agreed there was insufficient evidence, in the records or provided by the 
applicant, of an error or injustice in this case to show he was promoted to SGT prior 
to his separation.

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.

16 January 2020

 X	
BOARD MEMBER
Signed by: 
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.	By regulation (AR 15-185 - ABCMR), an applicant is not entitled to a hearing 
before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the 
Director of the ABCMR.

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