IN THE CASE OF:
BOARD DATE: 1 July 2008
DOCKET NUMBER: AR20080001192
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 that item 4a (Grade, Rate or Rank) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show his rating of Jr/3rd Assistant Engineer.
2. The applicant states that his rating was left off his DD Form 214.
3. The applicant provides his DD Form 214; his Certificate of Discharge, Army Transport Service; and a letter, dated 4 April 2003, from the U. S. Army Reserve Personnel Command.
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 served in the Merchant Marine, Army Transport Service, from 16 August 1945 through 31 December 1946. His Certificate of Discharge from the Army Transport Service shows his rating as Jr/3rd Assistant Engineer.
3. In 2003, the applicant was approved for discharge as a member of a group certified to have performed active duty with the Armed Forces of the United States, and he was issued a DD Form 214 in April 2003. Item 4a of this DD Form 214 contains the entry, NA. Item 4b (Pay Grade) also contains the entry, NA.
4. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the active duty grade or rank and pay grade at time of separation, as shown on the Officer Record Brief or Enlisted Record Brief, will be entered in item 4a and item 4b of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. It appears that when the applicants DD Form 214 was prepared in April 2003 items 4a and 4b were completed by entering NA because he had neither an Officer nor an Enlisted Record Brief (nor the World War II equivalents), and neither did he have any recognizably Army grade, rate, or rank or pay grade.
2. However, as an exception to policy, it would be equitable to amend item 4a of the applicants DD Form 214 to show his Army Transport Service rating of Jr/3rd Assistant Engineer. The entry in item 4b should remain NA as there appears to be no equivalent pay grade.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 4a of his DD Form 214 to read, Jr/3rd Assistant Engineer.
XXX
_ _______ ____________
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.
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