RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 March 2007
      DOCKET NUMBER:  AR20060012320


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 requests, in effect, that:

      a.  his service number on his Honorable Discharge Certificate; and

      b.  the rank on his DD Form 214, Armed Forces of the United States,
Report of Transfer or Discharge, be corrected.

2.  The applicant states, in effect, that the serial number on his
discharge certificate has the prefix and number ER 52 *** 181 and it should
be correctly shown as:  US 53 *** 181.  He further states that the rank
shown on his DD Form 214 is shown as SP3 (Specialist Third Class) and it
should be correctly shown as SP4 (Specialist Four).

3.  The applicant provides a copy of his DD Form 214, and a copy of his
Honorable Discharge Certificate in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 25 October 1957, the date of his release from
active duty.  The application submitted in this case is dated 25 August
2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  A fire at the National Personnel Records Center destroyed approximately
eighteen million service members’ records in 1973.  It is believed the
applicant's records were lost or destroyed in that fire.  Information
herein was obtained from the applicant's report of transfer or discharge
and from other official historical Army records.

4.  The applicant’s record shows that he was inducted into the Army of the
United States on 27 October 1955.  He completed his basic combat training
and his
advanced individual training.  After completing all required training, he
was awarded the military occupational specialty (MOS), 710 (Clerk).

5.  The evidence shows the applicant was promoted to the rank Specialist
Third Class (T [temporary]) on 18 June 1957.

6.  A copy of Special Orders Number 212, published by Headquarters Transfer
Point, Fort Benning, Georgia on 23 October 1957 show the applicant's
service number as:  US 53 *** 181 and his rank to be SP3(T).

7.  The applicant was honorably released from active duty on 25 October
1957, in the rank and pay grade, Specialist Third Class (T), under the
provision of Army Regulation (AR) 635-200, at the expiration of his term
of service.  On the date of his release from active duty, he had 1 year,
11 months, and 29 days active military service.

8.  Item 2 (Service Number), of the applicant's DD Form 214 shows his
service number to be:  US 53 *** 181.

9.  Item 3a (Grade, Rate or Rank), of the applicant's DD Form 214, shows
the entry "Sp 3 (T).

10.  The applicant's Honorable Discharge Certificate shows his rank to be
SP4.

11.  The applicant's Honorable Discharge Certificate shows his service
number as "ER 52 *** 181.

12.  The enlisted grade structure of the Army in effect from 1 July 1955
through 31 May 1958 shows a Soldier who attained the pay grade E-4 held the
rank of either Corporal or Specialist Third Class.  The rank Specialist
Third Class was converted to the rank Specialist Four on 1 June 1958.

13.  On completion of his active duty commitment and release from active
duty, the applicant was released to the US Army Reserve, Ohio Military
District.

14.  There is no evidence the applicant was a member of the US Army Reserve
prior to his induction into the Army of the United States.

15.  AR 635-5 prescribes the separation documents that must be prepared for
Soldiers on retirement, discharge, release from active duty service, or
control of
the Active Army.  It establishes standardized policy for preparing and
distributing the DD Form 214.  The regulation requires that the rank in
which a person is serving will be entered in Item 3a.  The regulation also
requires that an indication will be made whether the rank is permanent (P)
or temporary (T).

16.  The same regulation also requires that the individual's service number
and authorized prefix be entered in Item 2.  Authorized prefixes for
enlisted personnel are:  RA (for Regular Army), US (for inductees into the
Army of the United States), ER (for enlisted Reservists), and NG (for
National Guards personnel).

DISCUSSION AND CONCLUSIONS:

1.  The enlisted grade structure of the Army in effect from 1 July 1955
through 31 May 1958 shows a Soldier who served in pay grade E-4 held the
rank of either Corporal or Specialist Third Class.

2.  The applicant's service (from 27 October 1955 through 25 October 1957)
was performed entirely during the period during which he would have served
in the rank of Specialist Third Class and not Specialist Four.  The rank
shown on his DD Form 214 is correct and, he is therefore not entitled to a
correction to his rank to Specialist Four, on his DD Form 214.

3.  The applicant's Honorable Discharge Certificate was prepared on 30
September 1961, after the rank structure had been changed, and the rank
Specialist Third Class (SP3) was converted to Specialist Four (SP4);
therefore, the rank shown on his Honorable Discharge Certificate is
correctly shown.

4.  There is no evidence the applicant was a member of the US Army Reserve
prior to his induction into the Army of the United States and that he
volunteered to serve on active duty; therefore, the prefix "ER" would be
incorrect.

5.  The service number shown on the applicant's DD Form 214, US53 *** 181
is believed to be his correct service number.  This service number is shown
on the standard name line for the orders which released him from active
duty.  Based on this evidence, the applicant is entitled to a correction of
the prefix and the service number on his Honorable Discharge Certificate.

6.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 25 October 1957; therefore, the
time for the applicant
to file a request for correction of any error or injustice expired on 24
October 1960.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_rn _____  _EM____  __WFC__  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual be corrected by:

      a.  correcting the service number prefix on his Honorable Discharge
Certificate to read:  "US" as opposed to the "ER" which is currently shown;
and

      b.  correcting the applicant's service number on his Honorable
Discharge Certificate to read:  53 *** 181, the service number shown on his
DD Form 214 and on the orders authorizing his release from active duty.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correction of the applicant's rank on his DD Form 214 from SP3(T) to
SP4(T).




                            ____William F. Crain________
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060012320                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070308                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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