ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


			   IN THE CASE OF:  
	BOARD DATE:  11 April 2019

	DOCKET NUMBER:  AR20180013315


APPLICANT REQUESTS:  promotion to Sergeant/E-5 and recognition for badges and training:

* Expert Infantryman Badge
* Infantry Combat Demolition School
* Noncommissioned Officers Course
* Advanced Individual Military Police Training

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Statement in lieu of DD Form 149, dated 18 May 2018
* Certificate, Headquarters, 6th Infantry Regiment, Expert Infantryman, undated
* DA Form 87 (Certificate of Training), dated 21 February 1957
* AE (Army Europe) Form 2077, dated 1 March 1957
* Certificate, Noncommissioned Officers Academy, 23 January 1958
* DA Form 87 (Certificate of Training), dated 21 February 1958
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 
* letter, Army Review Boards Agency, dated 17 March 2018

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:

	a.  His rank/grade needs to be corrected to show Sergeant/E-5.

	b.  His training records were omitted from his DD Form 214.

3.  His complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

4.  The available records support administrative correction of the applicant’s DD Form 214 to show the Expert Infantryman Badge and training he completed.  These issues will not be addressed by the Board.  The Board will address the rank shown on his DD Form 214 

5.  He was inducted into the Army of the United States on 3 October 1956.

6.  His records contain Special Orders Number 235, Headquarters, U.S. Army Artillery and Missile Center, Fort Sill, OK, dated 30 September 1958, releasing him from active duty and assigning him to U.S. Army Reserve Control Group (Annual Training), effective 2 October 1958.  His grade/rank is shown as specialist four/E-4.

7.  He was released from active duty on 2 October 1958.  His DD Form 214 shows in Item 3a (Grade, Rate or Rank) – Specialist 4 (T) (Temporary).

8.  Army Regulation 635-5 (Administrative Separation Procedures and Forms) stated to enter grade in which serving at time of separation indicating whether permanent or temporary.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that partial relief was warranted.  Based upon the administrative notes below by the analyst of record, the Board found that those requested changes by the applicant were supported by documentary evidence in the service record.

However, the Board also found that there is no evidence either presented by the applicant or found within the military service record of the applicant which shows he was ever promoted to the rank of Sergeant/E5.  For that reason, the Board recommended that portion of the request be denied.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, amend the DD Form 214 with an effective date of 2 October 1958 by adding:

* Expert Infantryman Badge
* Infantry Combat Demolition School
* Advanced Individual Military Police Training (MOS 951.10)
* Noncommissioned Officers Course

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his rank of his DD Form 214 to show the rank of Sergeant/E5.
	 
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):

A review of the applicant's records combined with the documents he provided, shows he was authorized the badge and credit for courses completed that are not shown on his DD Form 214.  As a result, amend the DD Form 214 with an effective date of 2 October 1958 by adding:

* Expert Infantryman Badge
* Infantry Combat Demolition School
* Advanced Individual Military Police Training (MOS 951.10)
* Noncommissioned Officers Course


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 635-5 (Administrative Separation Procedures and Forms), in effect at the time, established uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel.  It provided that all available records would be used as a basis for preparation of the DD Form 214.  For item 3a, it stated to enter grade in which serving at time of separation, indicating whether permanent or temporary.


ABCMR Record of Proceedings (cont)	 AR20180013315


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