ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  11 July 2019

	DOCKET NUMBER:  AR20190002203


APPLICANT REQUESTS:  correct military records to reflect rank as Sergeant First Class (SFC/E7) versus Corporal (CPL/E4). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Photos of documents from German government
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Indiana State Department of Health Certificate of Death
* Veterans Affairs (VA) Administration Consent for Release of Personal Records

FACTS:

1.  The applicant, widow of the Former Service Member (FSM), states the FSM was discharged as a SFC, but his records show he was a CPL.  She wants to get a plaque for his headstone with the correct rank he earned.  She did not know of the error unit the FSM’s funeral when a plaque was discussed.   

2.  The applicant provided:

* photographs of documents/award from the German government that show the FSM’s name with the rank of SGT in 1956
* FSM’s death certificate verifying her relationship with the FSM
* VA Administration Consent for Release of Personal Records to show an attempt to correct the FSM’s records
o she states there are pictures of documents the FSM received from the German government showing his rank as SGT and the FSM made SFC after that
o she was told the FSM’s records in St Louis were destroyed in a fire (1976)
o please find a way to find her spouse’s correct rank
o she is 79 years old and hopes to get this resolved

* FSM’s DD Form 214 showing he was honorably discharged in the rank of CPL (T) 

3.  A review of the applicant’s records show: 

* 15 May 1953 – he was inducted in the United State Army
* 9 October 1957 – he was temporarily promoted to CPL (T) and had a permanent rank of Private Second Class (PV2/ E2)
* 6 December 1957 – he was honorably discharged 
* 19 November 2019 - his records were requested and created from Archives and Records Centers Information (ARCIS), his DD Form 214 and VB3-3145 (Notice of Assignment of C-Number) were provided which both show his rank as CPL

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

6.  Army Regulation 140-185 (Army Reserve Enlisted Personnel – Promotions and Reductions), in effect at the time, states promotion of enlisted personnel will be announced in orders of the headquarters of the promotion authority.  Required entries will be made in the service record and other pertinent records.  Promotion orders and service record entries will cite the specific paragraph and subparagraph of the regulations under which authority the promotion was effected, and the effective date of the promotion, which will be the date of the order announcing the promotion unless a future date is provided in the order.

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 Soldier’s record of promotions, Certificates provided by the applicant and the Soldier’s separation documents.  The Board found no evidence that the Soldier was promoted above the rank of CPL and determined there was insufficient evidence to grant the request correction.

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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

3.  Army Regulation 140-185 (Army Reserve Enlisted Personnel – Promotions and Reductions), in effect at the time, states promotion of enlisted personnel will be announced in orders of the headquarters of the promotion authority.  Required entries will be made in the service record and other pertinent records.  Promotion orders and service record entries will cite the specific paragraph and subparagraph of the regulations under which authority the promotion was effected, and the effective date of the promotion, which will be the date of the order announcing the promotion unless a future date is provided in the order.

ABCMR Record of Proceedings (cont)	 AR20190002203
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