IN THE CASE OF:
BOARD DATE: 29 July 2008
DOCKET NUMBER: AR20080004675
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 specialist
(SP4), E-4 instead of private first class permanent, PFC (P) (E-3).
2. The applicant states, in effect, that his record does not reflect the correct rank at the time of his discharge from the U.S. Army.
3. The applicant provides a copy of his DD Form 214 and an Honorable Discharge Certificate dated 15 April 1980.
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 8 January 1964. He completed the necessary training and was awarded the military occupational specialty (MOS) 76K (General Supply Specialist).
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 11 January 1966. He completed 2 years and 4 days of Net Service This Period.
4. Item 3a and 3b (Date of Rank) of his DD Form 214 show the entries "PFC (P) (E-3)" and "1 Sep 65."
5. Headquarters, XIX U.S. Army Corps, Special Orders Number 171, dated
1 September 1965 shows that the applicant was appointed to permanent grade PFC, E-3.
6. The applicants personnel record shows he was promoted to SP4,
E-4, effective 6 June 1978, while assigned to an Army National Guard unit.
7. 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 SP4, E-4 instead of PFC (P), E-3.
2. There is no evidence that the applicant was promoted beyond the pay grade of E-3 before separating from active duty. His record shows that he was permanently appointed in pay grade E-3 on 1 September 1965 before separation. Therefore, he is not entitled to correction of his record to show SP4, E-4 in item 3a of his DD Form 214.
3. For historical purposes, the Army has an interest in maintaining the integrity of its record. The data/information contained in those records should reflect the conditions and circumstances that existed at the time the record was 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) AR20080004675
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ABCMR Record of Proceedings (cont) AR20080004675
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