ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 August 2019

	DOCKET NUMBER:  AR20190008150


APPLICANT REQUESTS: correction of his rank on his DD Form 214 (Report of 
Separation from the Armed Forces of the United States) from Private First Class (PFC) 
to Sergeant (SGT).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self- Authored Letter
*	DD Form 214 (Report of Separation from the Armed Forces of the United States)

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. he was serving in Korea and granted rest and relaxation (R&R) in Japan.  He 
became sick while coming off the plane with pneumonia, and he was placed on bed rest 
in Kyoto, Japan for three weeks.  His chain of command was not aware he was sent to 
sick bay in Kyoto and upon his return to his company in Korea and without further 
research, they claimed he was absent without leave (AWOL) and reduced his rank, to 
no fault of his own.  

      b. he was unable to obtain medical records during his time in the Army hospital in 
Kyoto.  They still sent him behind enemy lines on Special Forces.  He held the rank of 
Sergeant before they stripped it.  He does not want any money just recognition for what 
he did.

      c.  he served honorably, in a war time that is unlike others; he served in combat as 
an infantryman, and as he embarks on his current path in life, he is requesting that his 
rank of SGT, in which he worked hard for, and rightfully earned, be restored to him 
     d.  when he is interned, he desires his military service grave marker reflect his true 
service to his country

4.  The applicant provides the following documents in support of his request:

*	Self- Authored Letter – explains his timeline and reason for reduction in rank
*	DD Form 214 (Report of Separation from the Armed Forces of the United States) 
– shows he completed a tour in Korea, he was honorably discharged at the rank 
of Private First Class (PFC) temporary (T)

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

*	4 December 1952 – he was inducted into the United States Army at the rank of 
Private (PVT/E1)
*	22 July 1953 – he was promoted to PFC (T)
*	3 December 1954 – he was honorably discharged at the rank of PFC (T)

6.  The applicant’s reconstructed service record are void of, and the applicant did not 
provide, promotion documents to SGT or other documents reflecting the rank of SGT.  
His records are also void of, and the applicant did not provide documentation of being 
AWOL and of his reduction in rank.

7.  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.
8.  Army Regulation 624-200 (Promotions, Demotions and Reductions – Appointment 
and Reduction of Enlisted Personnel) states that the authority to appoint individuals to 
the pay grades of E3 and E4 has been delegated to Company, Troop, Battery and 
Detachment Commanders.  Appointment to the grades of E5 through E9 is reserved for 
Regimental, Battle Group, Separate or Detached Battalion Commanders or any similar 
organization which is authorized a commander in the grade of Lieutenant Colonel or 
higher and when commanded by a field grade officer.

9.  Section 2 paragraph 4 (Orders) states that temporary appointment of enlisted 
personnel to all grades above E-3 and permanent appointment to E3 will be announced 
in orders issued by the appointing authority.  The orders will state whether the 
appointment is permanent or temporary, show both grade and pay grade, and cite the 
specific paragraph and subparagraph of the regulation upon which the authority for the 
appointment is based.




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, his 
reconstructed records, the record of his promotions, the reason for his separation and 
the rank reflected on his separation documents.  The Board found no evidence of his 
promotion beyond PFC (T) or any documents reflecting a reduction from a higher rank 
as the result of misconduct and the applicant provided none in support of his statement.  
Based on a preponderance of evidence, the Board determined that the rank as it 
appeared on the applicant’s DD form 214 was not in error or unjust.   

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

:XXX	:XXX	:XXX	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 615-360 (Enlisted Personnel Discharge) explains that the purpose 
of a discharge certificate is to furnish the individual with factual evidence of military 
service rendered, the quality and duration thereof, and the type of separation.  It further 
states the DD Form 214, which takes places of the “Enlisted Record and Report of 
Separation” portion of War Department (WD) AGO Form 53-series of discharge 
certificates, will be prepared for each individual separated for any reason in accordance 
with the instructions contained in SR-360-45

ABCMR Record of Proceedings (cont)	 AR20190008150
	
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