ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 August 2019 DOCKET NUMBER: AR20180007328 APPLICANT REQUESTS: rank be restored to First Sergeant (1SG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Young American Patriots newsprint * appointment to Sergeant First Class (SFC) * letter of introduction of applicant * letter in support of applicant * letter from National Personnel Records Center (NPRC) 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: * he was promoted to the rank of 1SG in August 1948 * the rank was frozen at the time * it would be included in his records when it became available * he came back to the States in February 1949 and was discharged * he signed up for the West Virginia Inactive Reserve * the promotion didn't catch up with his records * he believes his promotion not catching up to his records is a time thing * his records were destroyed in the fire at NPRC in 1973 before he even questioned where his records were * the promotion was investigated by the pictures and statements from publishers of the Young American Patriot * he's worked hard his whole life * he was the Chief of the Headquarters Message Center which called for a 1SG position 4. The applicant provides the following documents for the Board's consideration: * the Young American Patriot paper listing the applicant as a 1SG in the US Army along with a picture of the applicant * a promotion certificate promoting him to SFC on 1 February 1948 * a letter of recommendation stating the author recommends the applicant for any position or task dated 1 February 1969 * a letter from a hometown friend stating the community is a better place for the applicant being a part of it * a letter from the NPRC notifying the applicant his records may have been destroyed in the fire that occurred in 1973 5. The applicant's service records were partially reconstructed. A review of those reconstructed documents contained: * a WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge). His grade on this form is illegible. The date of separation is listed as 26 February 1949 * a Certification of Military Service dated 26 July 2013 showing the applicant was a Private in the Regular Army from 3 March 1946 through 25 February 1949 * a Certification of Military Service dated 26 July 2013 showing the applicant was a SFC in the Enlisted Reserve Corps from 26 September 1950 through 4 April 1951 * a DD Form 214 (Report of Separation from the Armed Forces of the Unit States) which shows the applicant was discharged in the rank of SFC with an effective date of rank of 1 October 1949. His effective date of separation is listed as 15 October 1951 6. There is no evidence in the applicant's reconstructed record showing he was promoted to the rank of 1SG or that the rank was on hold. 7. 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 8. Army Regulation 615-5 (Enlisted Men), in effect at the time, stated: a. Appointments of noncommissioned officers will conform strictly to War Department authorization. b. The commanding officer of a unit to which an allotment of grades is authorized by the War Department will determine and sub allot a definite proportion to his subordinate commanders authorized to make appointments. 9. There is no evidence stating whether or not promotion to 1SG was put on hold, during this time. 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, the record of his service, the belief that his records had been burned in the fire at the archives, the absence of a promotion order to 1SG or other evidence in the record and the grades reflected on his Certifications of Military Service and his DD Form 214. The Board determined that there was insufficient evidence to change the applicant’s record; the Board found no error or injustice. 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 615-5 (Enlisted Men), in effect at the time, stated: a. Appointments of noncommissioned officers will conform strictly to War Department authorization. b. The commanding officer of a unit to which an allotment of grades is authorized by the War Department will determine and sub allot a definite proportion to his subordinate commanders authorized to make appointments. 3. 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 ABCMR Record of Proceedings (cont) AR20180007328 4 1