IN THE CASE OF: BOARD DATE: 25 May 2010 DOCKET NUMBER: AR20090020402 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his DD Form 256A (Honorable Discharge Certificate) be corrected to show his rank and pay grade as specialist four (SP4), E-4. 2. The applicant states he was released from active duty as a SP4, E-4 but his discharge certificate shows his rank and pay grade as private first class (PFC), E-3. 3. The applicant provides copies of his DD Form 214 and discharge certificate. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was inducted into the Army on 6 December 1965, completed training and was awarded the military occupational specialty 61D (Amphibious Boat Operator). 3. He served in Vietnam for 11 months and 29 days and was released from active duty as an overseas returnee on 11 September 1967. He was transferred to the Army Reserve (USAR) Control Group (Annual Training), as a SP4, to complete his period of obligated service. 4. The applicant enlisted in the Army National Guard (ARNG) in order to participate as a full time air defense technician. He entered the ARNG as a PFC on 12 December 1968 and served for 3 months and 29 days before transferring back to the USAR on 11 April 1969. 5. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was transferred to the USAR as a PFC, E-3. 6. The record contains no indication of active participation in the USAR or any advancement above PFC following his ARNG enlistment. 7. The applicant was issued an Honorable Discharge Certificate on 11 December 1972. It lists his rank as PFC. 8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It states that a DD Form 256A (Honorable Discharge Certificate) will be issued upon a service member's completion of obligated service. The rank and grade typed on this form are to be the rank and grade held at the time the Soldiers complete their period of obligated service. DISCUSSION AND CONCLUSIONS: 1. The applicant states he was released from active duty as a SP4 but his discharge certificate shows his rank and pay grade as PFC. 2. The applicant was released from active duty in the rank SP4; however, he enlisted the ARNG as a PFC and was released back to the USAR as PFC. 3. The record does not contain and the applicant has not provided any evidence that he was advanced to SP4 following his enlistment in the ARNG. As such no correction of the record is warranted. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _________x__________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20090020402 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20090020402 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1