IN THE CASE OF:  
 
  BOARD DATE: 29 August 2023 
 
  DOCKET NUMBER: AR20230000915 
 
 
APPLICANT REQUESTS: correction of his Honorable Discharge Certificate to show his rank and pay grade as sergeant first class (SFC/E-7). 
 
APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: 
 
• DD Form 149, Application for Correction of Military Record, 11 March 2019 

• DD Form 149, with statement, 12 October 2022 

• Photograph, Soldier in uniform 

• Photograph, Combat Infantryman Badge Certificate - (not legible) 

• VA Form 21-4138, Department of Veterans Affairs (VA) -Statement in Support of Claim, 12 June 2011 

• Chronological history of service addressed to National Personnel Record Center (NPRC), undated 

• NA Form 13038, Certification of Military Service, 14 January 2020 


 
FACTS: 
 
1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20190005107 on 24 June 2019. 
 
3.  The applicant states, in effect, he attained the rank and pay grade of SFC/E-7 during the Korean War and he was later selected to be in the President’s Honor Guard. While assigned to Fort McNair, Washington D.C. he was approached by a military policeman who informed him that he had been seen in a tent with another man. He contends that he was denied the name of his accuser, denied counsel, and transferred out of his unit. He did not understand because he never was involved in drugs, and he did not drink. He was later told to sign some paperwork and come back in a few days for his 
discharge papers. He made numerous unsuccessful attempts to obtain his discharge papers and years later he found out that his records were burned in a fire. 
 
4.  The applicant’s complete military records are not available for review. A fire in 1973 destroyed approximately 18 million service members’ records at NPRC. The Army personnel records affected dated between November 1912 and January 1960. It is believed his records were lost or destroyed in that fire. This case is being considered using a partially reconstructed record. 
 
5.  The reconstructed record contains: 
 
 a.  A VA Form 07-7202, Master Index, which shows the applicant enlisted in the Regular Army on 8 March 1951. 
 
b.  A Master Index Card which lists his rank as private (PVT/E-1). 
 
c.  Several duplicates of the same document which contains an entry which appears to show the applicant was reduced from SFC, and further shows the authority for this reduction was published in Special Orders. This document has been enlarged several times to try to make it more legible. 
 
 d.  Appendix A, from an Army Publication. This document has a handwritten asterisk next to the entry for the authority and reason for a discharge due to homosexuality. 
 
6.  The applicant’s available record does not clearly show the reason for the applicant’s discharge or his rank at the time of separation. 
 
7.  The ABCMR upgraded the applicant’s characterization of service to honorable in Docket Number AR20190005107 on 24 June 2019 based on the current revision to the Don’t Ask Don’t Tell policies. The applicant was issued a new Certificate of Military Service on 14 January 2020. This document lists his rank as private. 
 
8.  The applicant provides a black and white photograph of a Soldier in uniform wearing the rank of SFC/E-7 (no name plate), a CIB certificate listing his rank as SFC, documents related to his VA claim, and a personal chronological history of his service. 
 
9.  Regulatory guidance, in effect at the time, stated that when an individual is to be discharged with an undesirable discharge, the convening authority will direct his immediate reduction to the lowest grade. 
 
10.  The ABCMR will decide cases on the evidence of record. It is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
BOARD DISCUSSION: 
 
After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant’s service records are not available for review. It is unclear if and when he was promoted to SFC and/or when and why he was reduced to private. 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. The applicant provided insufficient evidence of post-service achievements, letters of reference/support, or evidence of a persuasive nature in support of a clemency determination. In the absence a separation packet or the facts surrounding his separation, the Board determined the rank he received upon separation was not in error or unjust.  
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
xx: xx: xx: 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. 
 
  8/29/2023

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 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 (AR) 635-89, Personnel Separations-Homosexuality, in effect at the time, when an individual is to be discharged with an undesirable discharge, the convening authority will direct his immediate reduction to the lowest grade. 
 
3.  AR 615-5, Enlisted Men-Appointment and Reduction of Noncommissioned officers and Privates, First Class, in effect at the time, states that orders announcing the reduction of enlisted personnel will cite the specific paragraph and subparagraph of the regulation under which reduction was accomplished. The action taken to reduce a noncommissioned officer will provide for reduction to the grade of private. 
 
4.  AR 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 ABCMR will decide cases on the evidence of record. It is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 
 
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