IN THE CASE OF: BOARD DATE: 6 November 2014 DOCKET NUMBER: AR20140004377 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 National Archives and Records Administration (NARA) Form 13038 (United States of America Certification of Military Service) to show his last grade, rank, or rating as specialist four (SP4). 2. The applicant states: a. He was promoted to the rank of SP4 while serving in the 17th Signal Battalion, Germany. For some reason the orders apparently did not follow him to Fort Jackson, SC, prior to his discharge in 1958. His military service obligation was 14 March 1963, and his DD Form 256A (Honorable Discharge) shows he was discharged on 30 April 1963 in the rank of SP4. b. He further states he worked hard, earned his promotion, and he is proud of his military service. It is a matter of pride for his family. An administrative error was made in which he had no control. 3. The applicant provides: * DD Form 256A * NARA Form 13038 * a letter * DA Form 1270 (Transfer or Release to Reserve Component of the Army) 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'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 that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. His record contains Special Orders Number 51, issued by U.S. Army Personnel Center, Fort Jackson, SC, dated 3 March 1958, which show he was released from active duty and transferred to the U.S. Army Reserve (USAR) on 5 March 1958, in the rank of specialist three (SP3). 4. His available record does not contain his DD Form 214 (Report of Separation from the Armed Forces of the United States); however, it does contain a Certification of Military Service from NARA. This document shows he served as a member of the Regular Army, during the period 15 March 1955 through 5 March 1958, at which time he was honorably released from active duty in the rank of SP3. 5. The applicant provides and his record contains a DA Form 1270 which shows the applicant was released from active duty on 5 March 1958 in the temporary rank of SP3 and transferred to the Army Reserve. 6. The applicant provides a copy of his DD Form 256A which show he was discharged on 30 April 1963, while a member of the USAR, in the rank of SP4. 7. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. The version in effect at the time stated the DD Form 214 would document the grade in which the Soldier was serving at time of his/her separation. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his NARA Form 13038 should be corrected to show his last grade, rank, or rating as SP4. 2. The DD Form 214 and to a lesser extent the NARA Form 13038 provide a summary of a Soldier's most recent period of continuous active duty. It provides a record of active duty service at the time of release from active duty, retirement, or discharge. 3. There is no evidence of record to corroborate his contention he was promoted to SP4 prior to his 1958 separation. The available evidence appears to show he was promoted to the rank of SP4 after he was released from active duty and while he was a member of the USAR. He apparently held this rank at the time of his discharge from the USAR in April 1963. 4. In light of the foregoing, he 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 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) AR20140004377 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140004377 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1