RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	13 March 2008  
	DOCKET NUMBER:  AR20070017334 


	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.

x
	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 his rank and pay grade be corrected on his DD Form 214, Report of Separation from the Armed Forces of the United States, with an effective date of 7 January 1956.

2.  The applicant states, in effect, he acquired the rank of Sergeant First Class while he served in the Reserve and he would like to be buried with the rank of Sergeant First Class.

3.  In support of his request, the applicant provided a copy of his DD Form 214; a copy of his DA Form 2-1, Personnel Qualification Record, Part II; and a copy of correspondence he received from the National Personnel Records Center, St. Louis, Missouri, dated 8 October 2007.

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 evidence shows the applicant enlisted in the Regular Army on 14 January 1953.  He was honorably separated on 7 January 1956 in the rank of Specialist Third Class (Temporary), with a date of rank of 1 July 1955.

3.  The evidence shows the applicant was transferred to the Reserve on 8 January 1956 to continue serving his military service obligation which was scheduled to expire on 13 January 1961.

4.  On 31 March 1960, the applicant enlisted in the US Air Force Reserve.  He served in this component until 18 September 1963 when he was discharged for the purpose of his enlistment in the Massachusetts Army National Guard (MAARNG).

5.  On 8 December 1964, the applicant was discharged from the MAARNG for the purpose of his enlistment and for service with a unit of the Army Reserve.

6.  The evidence shows he continued to serve in the Reserve until 8 December 1983 when he was transferred from his Reserve unit to the Army Reserve Control Group (Retired).

7.  The applicant was promoted to the rank and pay grade Sergeant First Class,
E-7, on 6 May 1966, by Special Orders Number 23, Headquarters, 373rd General Hospital, dated 5 May 1966.  He served in this rank and pay grade until he was transferred to the Retired Reserve.

8.  On 24 January 2008, an inquiry was made to the Defense Finance and Accounting Service (DFAS), to determine the rank and pay grade at which the applicant was transferred to the Retired Reserve.  A DFAS representative responded the applicant had been transferred to the Retired Reserve in the rank and pay grade Sergeant First Class, E-7.

9.  Army Regulation 635-5, in effect at the time of the applicant's release from active duty and transfer to the Reserve, established uniform administrative procedures and separation forms to be used in connection with an individual's relief from active duty or complete separation from military service.

10.  The instruction for the completion of Item 3b (Grade – Rate – Rank and Date of Appointment), of the DD Form 214 are as follows:  "Enter grade in which serving at time of separation indicating whether permanent or temporary.  Enter the date of rank for the grade or rank."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was release from active duty in the rank of Specialist Third Class (Temporary) on 7 January 1956.

2.  The evidence shows that during the applicant's career, he served in the Army Reserve, the Air Force Reserve, the Army National Guard, and returned to the Army Reserve.

3.  The applicant was promoted through the enlisted ranks and on the date he was transferred from his Reserve unit to the Retired Reserve, he had attained the rank and pay grade, Sergeant First Class, E-7.  Verification was received from the DFAS the applicant is receiving retired pay in the grade of E-7.

4.  There is no evidence the applicant returned to and served on active duty for a sufficiently long period of time that would require the preparation and distribution of a DD Form 214 after he was released from active duty.  After a Soldier's release from active duty, the DD Form 214 does not serve as a living document and is not updated as changes occur in their career.  The applicant is therefore not entitled to have his DD Form 214, Item 3, updated to reflect the grade of rank he attained in the Reserve as he continued to serve.

5.  The applicant is urged, for his own peace of mind and for the knowledge of those having a need to know (i.e., family members, the executor of his last will and testament, etc.), to keep a copy of this Record of Proceedings, as well as copies of his Retiree Pay Account Statement/Record available so that on the occasion of his death, appropriate officials will be aware of the rank and pay grade he held on his transfer to the Retired Reserve and he can be buried and have his grave marker appropriately carved with his military service rank and pay grade – Sergeant First Class, E-7.

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



INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.