IN THE CASE OF:	  

		BOARD DATE:	  20 January 2015

		DOCKET NUMBER:  AR20140010248 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank and grade as specialist four (SP4)/E-4 instead of private first class (PFC)/E-3.

2.  The applicant states his rank was PFC/E-3 at the time of his release from active duty, but his rank was SP4/E-4 at the time of his discharge from the U.S. Army Reserve (USAR).

3.  The applicant provides his DD Form 214 and 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 on 21 August 1958.

3.  Section 1 (Appointments, Promotions, or Reductions) of his DA Form 24 (Service Record) shows he was promoted to the rank and grade of PFC/E-3 effective 21 April 1959.  His DA Form 24 does not show he was promoted to the rank and grade of SP4/E-4 during his active duty service.

4.  Headquarters, XVIII Airborne Corps and Fort Bragg, NC, Special Orders Number 171, dated 18 August 1960, directed his release from active duty and transfer to the USAR effective 19 August 1960 to complete his remaining service obligation.  These orders show his rank and grade as PFC/E-3.

5.  He was released from active duty on 19 August 1960.  Item 3a (Grade, Rate, or Rank) of his DD Form 214 shows his rank and grade as PFC/E-3.

6.  He provided an Honorable Discharge Certificate showing he was discharged from the Army of the United States on 31 July 1964 in the rank of SP4.

7.  Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation specified to enter the grade in which serving at the time of separation in item 3a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his rank and grade as SP4/E-4.

2.  His DA Form 24 does not show he was promoted to the rank and grade of SP4/E-4 prior to his release from active duty.  Additionally, his separation orders show he was separated from active duty in the rank and grade of PFC/E-3.  Therefore, there is no basis to correct his DD Form 214 to show his rank and grade as SP4/E-4.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20140010248



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ABCMR Record of Proceedings (cont)                                         AR20140010248



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