ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                 

                  BOARD DATE:  18 July 2019

                  DOCKET NUMBER:  AR20190000445

APPLICANT REQUESTS:

Correction of his DD Form 214 (Report of Separation from the Armed Forces of the 
United States) and Honorable Discharge Certificate to reflect his rank as Master 
Sergeant (MSG)/E-8.

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)
*	promotion orders dated 20 February 1958
*	DD Form 214
*	Honorable Discharge Certificate, dated 30 September 1963

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10,          
U.S. Code, 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's military records are not available for review.  A fire destroyed 
approximately 18 million service members' records at the NPRC, St. Louis, MO, in 
1973.  It is believed his records were lost or destroyed in that fire.  This case is being 
considered using the records that were available from the National Personnel Records 
Center and the documents provided by the applicant.  

3.  The applicant states, his rank should be listed on his DD Form 214 as MSG/E8.  He 
was promoted to MSG on 20 February 1958.  His grandchildren look up to him and he 
wants his words, uniform and records to match.

4.  The applicant's DD Form 214 lists his rank as Sergeant First Class.  The effective 
date of separation was 12 October 1954.  

5.  The applicant provides Special Order Number 6, published by Headquarters, First 
Battalion, 3048th Infantry dated 20 February 1958.  These orders are promoting the 
applicant to MSGT/E7 effective 20 February 1958.  

6.  The applicant provides an honorable discharge certificate dated 30 September 1963.  
His rank is listed as Sergeant First Class (SFC) in the US Army Reserve.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  It establishes standardized policy for the 
preparation of the DD Form 214, which provides a brief, clear-cut record of active Army 
service at the time of release from active duty, retirement or discharge.  It states in item 
3 enter the active duty rank held at the time of separation.


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered that the applicant records may have 
been burnt, considered his separation date on his DD Form 214 (12 October 1954) and 
the date of his promotion orders to MSGT/E7 (20 February 1958).  The Board 
determined that his date of promotion was after his period of active service (as recorded 
on the DD Form 214) and that his rank and grade were accurately recorded at the time 
of his separation from active duty.  By the preponderance of evidence, 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.



REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-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) prescribes the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  It establishes standardized policy for the 
preparation of the DD Form 214, which provides a brief, clear-cut record of active Army 
service at the time of release from active duty, retirement or discharge.  It states in item 
3 enter the active duty rank held at the time of separation.


	



ABCMR Record of Proceedings (cont)		AR20160015641
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