IN THE CASE OF:
BOARD DATE: 20 MAY 2008
DOCKET NUMBER: AR20070018855
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, in effect, that Item 3a (Grade, Rate or Rank) of his separation document (DD Form 214) be corrected to show sergeant (SGT)/E-5.
2. The applicant states, in effect, he was a SGT/E-5 when he was discharged from military service. His military identification card shows his rank as
SGT/E-5 on 21 July 1965.
3. The applicant provides a copy of his identification card dated 21 July 1965.
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 applicants 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 applicants 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 personnel record shows he was inducted into the Army of the United States on 18 July 1961. He completed the necessary training and was awarded the military occupational specialty (MOS) 111.10 (Light Weapons Infantryman).
3. His personnel record shows he served continuously on active duty until he was honorably released from active duty and transferred to the U.S. Army Reserve on 6 July 1963. He completed 1 year, 11 months, and 19 days of Net Service This Period.
4. Item 3a (Grade, Rate or Rank) and 3b (Date of Rank) of his DD Form
214 show the entries "SP4 (E4) (T)" and "1 Dec 62."
5. Item 32 (Remarks) of his DD Form 214 shows the entry "Item 3a: PFC
(E3) (P) Aptd: 1 Jul 62 DOR: 23 Mar 62."
6. An available DA Form 24 (Service Record) confirms the above information.
7. The applicants personnel record shows he was permanently appointed to the rank of SGT/E-5 on 16 March 1965, after he had separated from active duty on
6 July 1963.
8. The identification card the applicant submitted shows that his rank was "Sgt" after he was separated from active duty and transferred to the U.S. Army Reserve to complete his Reserve obligation.
9. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states, in pertinent part, that you enter the grade in which serving at the time of separation, indicating whether permanent or temporary. Enter the date of rank shown and if the date of rank is different from the date of appointment, enter the date of appointment in the remarks section of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that Item 3a of his DD Form 214 should be corrected to show SGT/E-5.
2. There is no evidence that the applicant was promoted beyond pay grade
E-4 before separating from active duty. His records show that he was permanently appointed in pay grade E-3 on 1 July 1962 and he was serving as a SP4 (T) before separation. Therefore, he is not entitled to corrections of his records to show in item 3a of his DD Form 214 SGT/E-5.
3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data/information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
4. In the absence of a showing of material error or injustice, those records should not be changed.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X____ __X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
_ ___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) AR20070018855
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