IN THE CASE OF:
BOARD DATE: 18 NOVEMBER 2008
DOCKET NUMBER: AR20080009716
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 his rank on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was a SPEC 5.
2. The applicant states a typographical error resulted in his rank being reflected as SP-2.
3. The applicant provides a copy of the DD Form 214.
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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant served in the Regular Army from 2 August 1954 through 30 July 1957. His DD Form 214, in Block 3a (Grade, Rate, or Rank), shows his rank as SP 2. It also shows that this rank was temporary (T). In Block 32 (Remarks), his DD Form 214 states his permanent (P) rank was Pvt 2 meaning pay grade E-2.
4. The enlisted grade structure of the United States Army during the period 1 July 1955 through 31 May 1958 established the following grades:
Pay Grade E-7 M/Sgt & MSP
Pay Grade E-6 Sfc & SP1
Pay Grade E-5 Sgt & SP2
Pay Grade E-4 Cpl & SP3
Pay Grade E-3 Pfc
Pay Grade E-2 Pvt
Pay Grade E-1 Pvt
5. The enlisted grade structure of the United States Army during the period 1 June 1958 to present established the following grades:
Pay Grade E-9 SGM & SP-9
Pay Grade E-8 1SG/MSG & SP-8
Pay Grade E-7 SFC & SP-7
Pay Grade E-6 SSG & SP-6
Pay Grade E-5 SGT & SP-5
Pay Grade E-4 CPL & SP-4
Pay Grade E-3 PFC
Pay Grade E-2 PVT
Pay Grade E-1 PVT
DISCUSSION AND CONCLUSIONS:
1. The applicant wants his rank on his DD Form 214 to reflect SPEC 5 instead of SP2 because he was an E-5.
2. The applicant was discharged in 1957. At that time, an E-5 was either a Sergeant (Sgt) or a Specialist 2 (SP2). The applicants rank is correctly reflected in Block 3a as SP2 (T).
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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.
_______ _ 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.
ABCMR Record of Proceedings (cont) AR20080009716
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ABCMR Record of Proceedings (cont) AR20080009716
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