IN THE CASE OF: BOARD DATE: 16 March 2023 DOCKET NUMBER: AR20220009088 APPLICANT REQUESTS: correction of his DD Form 214 (Report of Separation from the Armed Forces of the Untied States) to reflect his rank as sergeant first class (SFC). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * The Infantry Leaders Course training certificate * Basic Airborne Course training certificate * DD Form 214 service ending 3 August 1955 * Honorable Discharge Certificate, 8 February 1956 * Letter of Appreciation * Honorable Discharge Certificate, 1 September 1960 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 his rank on his DD Form 214 is incorrect; it should reflect SFC. He requests the correction of his rank on his DD Form 214 for his peace of mind and service. 3. The majority of the applicant's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. The NPRC believes that the applicant's records were lost or destroyed in that fire. However, the case will be written using documents provided by the applicant to conduct a fair and impartial review of this case. 4. The applicant's DD Form 214 shows he enlisted in the Regular Army (RA) on 4 August 1952. He was honorably released from active duty on 3 August 1955 and assigned to the U. S. Army Reserve (USAR). DD Form 214 shows the applicant completed 3-years of active service. It also shows in items: * 3 (Grade, Rate, Rank and Date of Appointment): specialist second class (SP2) (Temporary (T)), 25 August 1954 * 38 (Remarks): item 3: private-2 (Permanent), 4 December 1952 4. The applicant provides: a. 8th Infantry Division (ID), Fort Jackson, SC the Infantry Leaders Course training certificate which shows the applicant completed the course in accordance with Army Field Forces Training Program 22-7 on 13 February 1953. The applicant's rank was shown as private (PVT). b. The Infantry School Fort Benning, GA, Basic Airborne Course training certificate shows the applicant completed the course on 27 March 1953 and is qualified as a parachutist. The applicant's rank was shown as PVT. c. Honorable Discharge Certificate shows the applicant was honorably discharged from the YSAR on 8 February 1956 with the rank of SP2. d. Letter from Lieutenant Colonel commander of 118th Special Forces Operations Detachment Alabama Army National Guard (ARNG) dated 24 June 1960 addressed to the applicant showing his rank as SFC. The commander expressed his appreciation for the applicant's part in making the organization one of the most outstanding in the ARNG. e. Honorable Discharge Certificate shows the applicant was honorably discharged from the USAR on 1 September 1960 with the rank of staff sergeant (SSGT). BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board noted the DD Form 214 is intended to reflect a Soldier’s status as it exists at the time of release or discharge from active duty. The evidence in this case indicates the applicant was promoted to a noncommissioned officer grade in a Reserve Component after his release from active duty in 1956. Promotions that occur after release or discharge from active duty are not a basis for amending a DD Form 214. Based on a preponderance of the evidence, the Board determined the rank shown on the applicant’s DD Form 214 is not an error. 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, USC, 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 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. Special Regulation 615-360-5 (Enlisted Personnel), criteria established for the separation of enlisted personnel on active duty in the Army. Paragraph 4, Regular Army enlisted personnel serving in temporary grades and non-Regular Army enlisted personnel on active duty who were discharged and reenlisted in the Regular Army in the temporary grade held at the time of discharge will be reduced without prejudice to the permanent grade to which entitled. 3. Army Regulation 635-5 (Administrative Separation Procedures and Forms), establish uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation form the military service. Appendix III a. Paragraph 1b (6), all entries other than those in the personal data section apply to the current period of service. b. Paragraph 1e (4) (b), (Enlisted Personnel), enter grade in which serving at the time of separation indicating whether permanent or temporary. If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank if different from the date of appointment will be entered in the remarks block. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009088 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1