ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF 

	BOARD DATE:  22 July 2019

	DOCKET NUMBER:  AR20180005714


APPLICANT REQUESTS: military records reflect rank of Sergeant (SGT/E5) versus Corporal (CPL/E4). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Photographs x 3
* DD Form 214 (Report of Separation from the Armed Forces of the United States) 

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 at the time of discharge he was promoted to and held the rank of Staff Sergeant [sic], during which time there was a pay freeze and froze him at corporal pay.  As a result of the pay freeze, his military records inaccurately reflect CPL instead of SGT.  He was promoted to SGT for some time at the time of his discharge.  

3.  The applicant provides three photographs showing him wearing SGT rank while in service.  He also provides his DD Form 214 showing the rank of CPL. 

4.  A review of the applicant’s limited records show:

* 12 March 1951 – he was inducted in the United States Army 
* 1 February 1952 – he was promoted to Temporary Corporal (CPL(T))
* 22 February 1953 – Special Orders Number 42 show the applicant in the rank                  of CPL
* 23 February 1953 – he was honorably discharged from United States Army and transferred to the US Army Reserve
* DD Form 214 dated 23 February 1953 shows his rank as CPL (T) and Private Second Class (PV-2) Permanent Grade as of 12 July 1951

5.  The applicant’s reconstructed service record are void of, and the applicant did not provide, promotion documents to SGT or other documents reflecting the rank of SGT.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

7.  Special Regulation SR 615-25-40 (Enlisted Personnel – Promotions), in effect at the time, states: Orders- 

     a.  Promotions of enlisted personnel will be announced in company or special orders issued by the appropriate promotion authority, except that advancement to grade E-2 does not require issues of a promotion order.

      b. Promotion orders will cite the specific paragraph and subparagraph of the particular regulation on which authority the promotion is based.

      c.  Promotion orders will in each case specify whether the promotion is permanent or temporary as hereinafter provided and the component in which such promotion is made, as prescribed in paragraph 13. 

8.  Army Regulation 615-360 (Enlisted Personnel Discharge) explains that the purpose of a discharge certificate is to furnish the individual with factual evidence of military service rendered, the quality and duration thereof, and the type of separation.  It further states the DD Form 214, which takes the place of the “Enlisted Record and Report of Separation” portion of War Department (WD) AGO Form 53-series of discharge certificates, will be prepared for each individual separated for any reason in accordance with the instructions contained in SR-360-45.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and evidence in the records.  The Board considered the applicant’s statement and photos he provided, the dates of his temporary and permanent promotions, the ranks recorded on his DD Form 214 and the absence of promotion orders or other documents in his reconstructed record showing a promotion to SGT.  The Board found there was insufficient evidence to show that applicant was promoted to the rank of SGT and was serving in that rank at the time of his separation, and determined there was no error or injustice necessitating a correction.

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 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

3.  Special Regulation SR 615-25-40 (Enlisted Personnel – Promotions), in effect at the time, states: Orders- 

     a.  Promotions of enlisted personnel will be announced in company or special orders issued by the appropriate promotion authority, except that advancement to grade E-2 does not require issues of a promotion order.

      b. Promotion orders will cite the specific paragraph and subparagraph of the particular regulation on which authority the promotion is based.

      c.  Promotion orders will in each case specify whether the promotion is permanent or temporary as hereinafter provided and the component in which such promotion is made, as prescribed in paragraph 13

4.  Army Regulation 615-360 (Enlisted Personnel Discharge) explains that the purpose of a discharge certificate is to furnish the individual with factual evidence of military service rendered, the quality and duration thereof, and the type of separation.  It further states the DD Form 214, which takes places of the “Enlisted Record and Report of Separation” portion of War Department (WD) AGO Form 53-series of discharge certificates, will be prepared for each individual separated for any reason in accordance with the instructions contained in SR-360-45.


ABCMR Record of Proceedings (cont)	 AR20180005714
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