BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120007716


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, the son of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his separation rank and pay grade as lieutenant colonel (LTC)/O-5, instead of specialist four (SP4)/E-4.

2.  The applicant makes no additional statement in support of his request.

3.  The applicant provides:

* Commonwealth of Puerto Rico Certification of Death
* Commonwealth of Puerto Rico Certificate of Birth
* the FSM's DD Form 214, for the period ending 26 April 1962
* Orders P-03-301398, issued by the U.S. Army Reserve (USAR) Personnel Command, St. Louis, MO, dated 26 March 2001

CONSIDERATION OF EVIDENCE:

1.  The FSM was inducted into the Army of the United States (AUS) on 11 April 1960.  He entered active duty, completed training, and was awarded military occupational specialty 111.16 (Light Weapons Infantryman).

2.  Section I (Appointments, Promotions, and Reductions) of his DA Form 24 (Service Record) shows he was promoted to SP4/E-4 effective 13 June 1961.

3.  Special Orders Number 82, issued by the U.S. Army Personnel Center, Army Post Office New York, dated 26 April 1962, ordered his release from active duty in the rank/grade of SP4/E-4, on 26 April 1962, and transferred him to the USAR. 

4.  On 26 April 1962, he was honorably released from active duty and transferred to the USAR.  Item 3a (Grade, Rate or Rank) of his DD Form 214 shows he was separated in the rank/grade of SP4/E-4.

5.  On 17 May 1963, he was appointed as a Reserve commissioned officer of the Army in the rank/grade of second lieutenant (2LT)/O-2.  

6.  Orders P-03-301398, issued by the USAR Personnel Command, St. Louis, MO, dated 26 March 2001, announced his retirement and placement on the AUS Retired List in the rank/grade of LTC/O-5.

7.  Army Regulation 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty (emphasis added), retirement, or discharge.  

DISCUSSION AND CONCLUSIONS:

The applicant contends the FSM's DD Form 214 should be corrected to show he was separated as an LTC/O-5.  The evidence of record shows he was separated from active duty in the rank/grade of SP4/E-4, and wasn't appointed as an officer until the following year.  Therefore, his DD Form 214 is correct and the applicant is not entitled to the requested relief.

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 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)                                         AR20100017975



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ABCMR Record of Proceedings (cont)                                         AR20120007716



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