IN THE CASE OF: BOARD DATE: 20 December 2023 DOCKET NUMBER: AR20230004644 APPLICANT REQUESTS: correction of the Former Service Member (FSM) DD Form 214 (Report of Separation from the Armed Forces of the United States), ending 5 September 1953, and the honorable discharge certificate, dated 27 February 1960 to reflect the rank of sergeant (SGT)/E-5. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant letter to the Army Review Boards Agency * Birth Certificate * Death Certificate * Marriage Certificate * Orders Number 45, 1 August 1952 * Orders Number 6, 16 February 1953 * Special Orders Number 165, 21 August 1953 * DD Form 214, ending 5 September 1953 * Honorable Discharge Certificate * National Personnel Records Center Letter * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), 9 March 2020 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, on behalf of the FSM, states, in pertinent part, the FSM has paperwork which shows he was promoted to the rank of SGT. However, his DD Form 214 reflects the rank of private 2 (PVT-2) and the honorable discharge certificate shows the rank of corporal (CPL)/E-4. 3. The FSM's 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 in 1973. It is believed his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. This case is being considered using reconstructed records. a. On 6 December 1951, the FSM entered active duty in the rank/grade of private (PVT)/E-1 as an infantryman. b. On 1 August 1952, Company C, 31st Infantry issued Orders Number 45 promoting him to the rank/grade of private first class (PFC)/E-3 with a retroactive effective date of 2 May 1952. c. On 16 February 1953, Company C, 31st Infantry issued Orders Number 6 promoting him to the rank/grade of CPL/E-4. d. His record is void of orders promoting him to the rank/grade of SGT/E-5. e. DD Form 214, ending 5 September 1953 shows an honorable release from active duty and transfer to the U.S. Army Reserve with service from 6 December 1951 to 5 September 1953. (1) Item 3 (Grade, Rate, Rank and Date or Appointment) shows SGT temporary (T), effective 19 June 1953. (2) Item 38 (Remarks) shows permanent grade as PVT-2, effective 6 April 1952. f. On 27 February 1960, he was honorably discharged from the U.S. Army Reserve in the rank/grade of CPL/E-4. g. DD Form 215, dated 9 March 2020 shows the addition of the Army Commendation Medal. 4. The applicant provides the following: a. Applicant letter to the Army Review Boards Agency noting resubmission of all original documents submitted under ABCMR Docket Number AR20220005609 with the addition of the Next of Kin (NOK) documentation required. b. Birth Certificate of the applicant showing NOK evidence for the FSM as her father. c. Death Certificate showing the FSM passed on 15 November 2020. d. Marriage Certificate showing the applicant's marriage to her spouse J- L- on 16 September 1981. e. Special Orders Number 165, dated 21 August 1953 showing the FSM rank as SGT. f. National Personnel Records Center Letter noting that the FSM's record was unavailable due to a fire in 1973 that destroyed archived records. With the limited information the rank at the time of discharge was SGT (T) with rank reverted to CPL upon discharge from the U.S. Army Reserve. 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 Board carefully considered the former service member’s record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available former service member’s military records, the Board determined the former service member served in the rank of SGT(T) while on active duty. The Board found the record is absent evidence that shows he was permanently promoted to SGT/E-5 prior to his discharge. Based on regulatory guidance, promotion to SGT/E-5 are announced with official orders. The Board noted upon the former service member’s discharge from the military his rank was converted back to corporal (CPL) based on regulatory guidance. The Board determined there is insufficient evidence for correction of the FSM DD Form 214 to reflect the rank of sergeant (SGT)/E-5. Therefore relief was denied. 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. 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 Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. War Department Technical Manual 12-236 (Preparation of Separation Forms) provided that the appropriate separation form would be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component. This manual stated that item 3 shows the grade held by the service member at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230004644 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1