ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  30 May 2019

	DOCKET NUMBER:  AR20180013140


APPLICANT REQUESTS:  Correction of his DD Form 214 (Report of Separation from 
the Armed Services of the United States) to reflect the rank/grade of Staff Sergeant 
(SSG/E-6) rather than Sergeant (SGT/E-5).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 
*	Death Certificate

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 that his DD Form 214 provided should read SSG.  It currently 
reflects the rank of SGT.  He further states that since his discharge, he has utilized his 
DD Form 214 many times, but he never noticed the rank until his wife was buried in 
April 2013, her death certificate is provided.  She was moved to a National Cemetery on 
7 September 2018, and he would like the rank SSG on the headstone. 

3.  The applicant’s complete military records are not available to the Board for review.  A 
fire destroyed approximately 18 million service members' records at the National 
Personnel Records Center (NRPC) in 1973.  It is believed that his records were lost or 
destroyed in that fire.  

4.  A review of the applicant’s available service records show the following: 

*	11 September 1950 – entered active service
*	October through December 1950 – attended Transportation School to become a 
winch operator
*	December 1951 – promoted to the rank of SGT
*	16 July 1952 - separation order number 177 was published releasing the 
applicant from active duty at the rank of SGT
*	17 July 1952 - honorably separated from service at the rank of SGT

5.  War Department Technical Manual 12-236 (Preparation of Separation Forms) 
provided that the appropriate separation form would be prepared for all enlisted 
personnel separated from the service by reason of discharge, retirement, or release 
from active duty or transfer to a Reserve Component.  This manual stated that item 3 
shows the grade held by the enlisted member at the time of separation and item 38 
shows the highest grade held by the enlisted member during the current period of active 
duty service.
  
BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The Board agreed that the only available evidence 
of rank in the applicant’s file, in fact, the only documents in the applicant’s official record 
is a special order number 177, dated July 1952 that lists the applicant’s rank as SGT 
(sergeant), and the applicant’s DD Form 214, which lists the rank as sergeant (t) 5/E-5.  
Therefore, the Board found no basis to grant relief.

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.  War Department Technical Manual 12-236 (Preparation of Separation Forms) 
provided that the appropriate separation form would be prepared for all enlisted 
personnel separated from the service by reason of discharge, retirement, or release 
from active duty or transfer to a Reserve Component.  This manual stated that item 3 
shows the grade held by the enlisted member at the time of separation and item 38 
shows the highest grade held by the enlisted member during the current period of 
active duty service.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180013140

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