IN THE CASE OF:	  

		BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120011225 


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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he held the rank/pay grade of corporal (CPL)/E-4.

2.  He states:

* his discharge records do not show his correct rank
* in preparation for burial, he wants a DD Form 214 showing he was a CPL/E-4
* he was promoted to CPL/E-4 on 31 July 1956 while he was serving in the U.S. Army Reserve (USAR)

3.  The applicant provides:

* DD Form 214
* Certificate of Military Service
* Honorable 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 of the United States and entered active duty on 22 February 1951.

3.  On 22 February 1953, he was released from active duty and transferred to the USAR.  Item 3 (Grade-Rate-Rank and Date of Appointment) of his DD Form 214 shows he held the rank of private first class (PFC) (temporary) with a date of rank of 7 August 1952.

4.  He submitted an Honorable Discharge Certificate which shows he held the rank of CPL on 21 July 1956, the date he was discharged from the Army of the United States.  It does not show his date of rank.

5.  Army Regulation 635-5 (Separation Documents) Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

6.  Army Regulation 635-5, paragraph 2-4 (Completing the DD Form 214), contains item-by-item instructions for completing the DD Form 214.  The instructions for completing item 3 state the active duty grade, rate, or rank and date of appointment at the time of separation will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

The applicant held the rank/pay grade PFC/E-3 with a date of rank of 2 August 1952 on the date of his release from active duty.  He indicated he was promoted to CPL/E-4 on 31 July 1956, more than 3 years after the completion of his active duty service.  The DD Form 214 is only a record of service as of the date of separation from active duty.  His DD Form 214 correctly shows his rank/pay grade as of the date he was released from active duty.


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)                                         AR20120011225



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ABCMR Record of Proceedings (cont)                                         AR20120011225



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