RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 July 2006
DOCKET NUMBER: AR20050018099
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Wanda L. Waller | |Analyst |
The following members, a quorum, were present:
| |Mr. Lester Echols | |Chairperson |
| |Mr. Patrick McGann | |Member |
| |Ms. Ernestine Fields | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant, as the widow of a deceased former service member (FSM),
requests that item 3a (Grade, Rate or Rank) on her late husband’s DD Form
214 (Report of Transfer or Discharge) for the period ending 11 January 1963
be corrected to show staff sergeant/pay grade E-6 instead of sergeant/pay
grade
E-5.
2. The applicant states his DD Form 214 for the period ending 11 January
1963 shows his rank as sergeant but she contends he reenlisted as a staff
sergeant.
3. The applicant provides a DD Form 1300 (Report of Casualty), dated
10 October 1966.
CONSIDERATION OF EVIDENCE:
1. The FSM was inducted on 11 March 1958. He trained as an infantryman
and was honorably discharged on 10 October 1958 for immediate reenlistment.
The FSM reenlisted on 11 October 1958 for a period of 6 years. He was
promoted to sergeant/pay grade E-5 effective 2 June 1961. He was honorably
discharged on 11 January 1963 for immediate reenlistment.
2. Item 3a on the FSM’s DD Form 214 for period ending 11 January 1963
shows the entry, “SGT [sergeant] (P) [permanent] E5.”
3. The FSM reenlisted on 12 January 1963 for a period of 6 years. He was
promoted to staff sergeant/pay grade E-6 effective 30 June 1966. On 4
October 1966, the FSM was killed in action in Vietnam.
4. The DD Form 1300 provided by the applicant shows the FSM’s rank as
staff sergeant/pay grade E-6.
5. Army Regulation 635-5 (Separation Documents) governs the preparation of
the DD Form 214. In pertinent part it states that 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. The regulation, in
effect at the time of the FSM’s death, does not provide for the issuance of
a DD Form 214 for a Soldier whose active duty tour ends because of death.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the
FSM's record of active Army service at the time of his separations (10
October 1958 and 11 January 1963) from active duty. Since the FSM was
promoted to staff sergeant/pay grade E-6 on 30 June 1966, three years after
his 12 January 1963 reenlistment, there is no basis for amending item 3a on
his DD Form 214 for the period ending 11 January 1963.
2. Regrettably, the governing regulation, in effect at the time of the
FSM’s death, does not provide for the issuance of a DD Form 214 for a
Soldier whose active duty tour ends because of death.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
LE_____ __PM____ _EF____ 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.
__Lester Echols_______
CHAIRPERSON
INDEX
|CASE ID |AR20050018099 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060718 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |102.0200 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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