ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 September 2019 DOCKET NUMBER: AR20190001093 APPLICANT REQUESTS: correction of item 5a (Grade, Rate or Rank) and item 5b (Pay Grade) of her father's, a deceased former service member (FSM), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "Colonel (COL) and O-6" instead of "Lieutenant Colonel (LTC) and O-5." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * the FSM's WD AGO Form 53-98 (Military Record and Report of Separation – Certificate of Service) * the FSM's DD Form 214, for the period ending 31 May 1970 * the FSM's State of Certificate of Death, issued 17 October 2012 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, the daughter of the FSM, states she attended the FSM's retirement ceremony at Aberdeen Proving Grounds in Maryland in 1970 and remembers the "silver eagles" for colonel being placed on his uniform. The FSM had prepared a display board of his awards and medals including his rank of colonel. She plans to request a niche memorial from the Department of Veterans Administration (VA) and wants the rank embossed on the bronze memorial to be correct. 3. The FSM'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 (NPRC) in 1973. It is believed the FSM's records were lost or destroyed in that fire; however, there were sufficient documents submitted by the applicant for the Board to conduct a fair and impartial review of this case. This case is being considered using evidence provided by the applicant. 4. The FSM's WD AGO Form 53-98 shows he entered active duty in the Army of the United States (AUS) on 27 June 1942. He was relieved from active duty on 31 December 1946 in the rank of captain. He served in World War II as an ammunition supply officer. 5. Subsequently, he was ordered to active duty from the United States Army Reserve (USAR) on 1 May 1953. He was honorably retired on 31 May 1970. The DD Form 214 he was issued shows in: a. Item 5a, the entry "LTC." b. Item 5b, the entry "O-5." c. Item 6 (Date of Rank), the entry "9 November 1962." d. Item 30 (Remarks), the entry "Item 5a; TEM (temporary) LTC AUS APTD (appointed) 9 NOV 62; PERM (permanent) COL USAR APTD 30 APR 68." 6. The applicant provides a copy of the FSM's State of Tennessee Certificate of Death, issued on 17 October 2012, which shows the FSM passed away on 8 October 2012. 7. Army Regulation 635-5 (Separation Documents), dated 23 January 1967, states for officer personnel to enter grade in which serving at the time of separation as shown in item 2, DA Form 66 (Officer Qualification Record). Since this entry may be an officer's temporary (AUS) or permanent (Regular Army (RA) or Reserve) grade and does not show the date of appointment, additional entries will be made in item 30 to clarify the grade status. 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, her Father’s record of service, the belief that his records may have been burned or destroyed in the fire at the Personnel Records Center, the entries on his DD form 214 (Item 30) and Army policy for clarification of grade status on DD Forms 214. The Board found that the available evidence shows the Former Service Member (FSM) was retired from active duty at the rank of LTC (AUS) while holding a rank of Colonel in the USAR. There is insufficient evidence to show that the FSM was serving on active duty in the rank of Colonel at the time of his retirement. Based on a preponderance of evidence, the Board determined that the rank reflected on the FSM’s DD Form 214 (Retirement) was not in error or unjust. As VA matters are outside the purview of this Board, the Board recommends the applicant provide the FSM’s DD form 214, showing a USAR rank of Colonel in her pursuit of a niche memorial. 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 635-5 (Separation Documents), dated 23 January 1967, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. a. This regulation identified the DD Form 214 as a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. b. Item 5a for officer personnel to enter grade in which serving at time of separation as shown in item 2, DA Form 66. Since this entry may be an officer's temporary (AUS) or permanent (RA or Reserve) grade and does not show the date of appointment, additional entries will be made in item 30 to clarify the grade status. Examples for item 30 "Item 5a-temp Major, AUS, aptd 30 Sep 50, perm LTC, USAR, aptd 10 June 56;" "Item 5a-temp CPT AUS, aptd Oct 54, perm CPT, NGUS, aptd 10 May 56"; "Item 5a- temp CPT AUS, aptd 5 May 56, perm 1LT, RA aptd 1 Dec 55"; "Item 5a-perm COL, RA, aptd 1 Nov 55;" "Item 5a-temp CW3, AUS, aptd 10 Jun 55, perm CW2, RA, aptd 1 Nov 54"; "Item 5a-temp CW2, AUS, aptd 1 Jun 55." c. Item 5b for officer personnel entry pay grade, e.g. "0-6 or "W-2." d. Item 6 for officer personnel enter date of rank for the grade shown it item 5a. ABCMR Record of Proceedings (cont) AR20190001093 4 1