IN THE CASE OF:	  

		BOARD DATE:	        8 January 2009

		DOCKET NUMBER:  AR20080012721 


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 correction of his Honorable Discharge Certificates to show his rank as that of corporal (CPL) instead of specialist four (SP4).  

2.  The applicant states that his rank on his Honorable Discharge Certificates is incorrectly shown as SP4 and that he would like his certificates to read the correct rank.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 25 April 1970, and copies of his Honorable Discharge Certificates, dated 16 September 1974 and
12 September 1977, in support of his application.

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 applicant's records show he was inducted into the Army of the United States on 17 September 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13B (Field Artillery Crewman).  His records also show he was promoted to private (PV2) on 15 April 1969 and private first class (PFC) on 1 May 1969.  He was also appointed to the temporary grade of CPL on 23 September 1969.  

3.  On 25 April 1970, Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington, issued Special Orders Number 115 relieving the applicant from active duty effective 25 April 1970 and transferring him to the U.S. Army Reserve (USAR) Control Group (Annual Training).  Item 5a (Grade, Rate or Rank) of the DD Form 214 he was issued shows the entry CPL.

4.  On 16 September 1974, having fulfilled his 6-year military service obligation, the applicant was issued an Honorable Discharge Certificate that shows he was honorably discharged from the USAR in the rank of SP4.  He apparently later enlisted in the USAR.

5.  On 12 September 1977, Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, published Orders 09-75853, honorably discharging the applicant from the USAR (Ready Reserve), effective 12 September 1977.  The orders listed the applicant’s rank as that of “SP4.” 

6.  On 28 September 1977, Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, published a second set of orders, Orders 09-1113914, also honorably discharging the applicant from the USAR (Ready Reserve), effective 16 September 1977.  The orders listed the applicant’s rank as that of “SP4.” 

7.  On 18 September 1980, Office of the Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, published Orders 09-72314 revoking Orders 09-75853 that was issued by the same headquarters, dated
12 September 1977.

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of 


their military service.  The DD Form 214 is a summary of a Soldier's most recent 
period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The DD Form 256A (Honorable Discharge Certificate) is issued to those members who are honorably discharged upon completion of their military service obligation.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was inducted into the Army of the United States on 17 September 1968 and was honorably separated from active duty as a CPL on 25 April 1970.  The entry on his DD Form 214 correctly shows his rank and grade.  

2.  The evidence of record also shows that the applicant was transferred to the USAR Control Group on 26 April 1970 and remained in that component until he completed his military service obligation.  While in the USAR (Ready Reserve), it appears that he was assigned to a SP4 position.  There is no evidence that he served in that component as a CPL.  Upon completion of his military service obligation on 16 September 1974, he was honorably discharged from the USAR in the rank of SP4.  Therefore, his rank on his Honorable Discharge Certificate is correctly shown as SP4.

3.  It appears the applicant later enlisted in the USAR.  However, there is no evidence to show he served as a CPL and, in September 1977, he was honorably discharged from the USAR.  It appears his rank on this Honorable Discharge Certificate is correctly shown as SP4.

4.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  Therefore, there is insufficient evidence to correct the applicant’s certificates in this case.  

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)                                         AR20080012721



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ABCMR Record of Proceedings (cont)                                         AR20080012721



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