IN THE CASE OF:
BOARD DATE: 30 December 2008
DOCKET NUMBER: AR20080016240
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 reconsideration of an earlier request that his rank and pay grade on his DD Form 214 (Report of Transfer or Discharge) for the period ending 8 July 1970 be changed from specialist five/E-5 to master sergeant/E-8.
2. The applicant states that it might have been a typing error/mistake.
3. The applicant points out that the original Record of Proceedings erroneously states that the 3 October 1995 orders reassigning him to the U.S. Army Reserve (USAR) Control Group (Retired) show his rank was sergeant first class/E-7. He provided a "corrected copy" of these orders which show his rank as master sergeant/E-8.
4. The applicant also provides a VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim), dated 28 August 2008; 1993-1995 service personnel records; promotion orders, dated 3 May 1986; a DD Form 214 for the period ending 8 July 1970; a DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the period September 1994 through August 1995; two Chronological Statements of Retirement Points; and seven 1995 Leave and Earnings Statements.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070015289, on 8 April 2008.
2. The new evidence provided by the applicant will be considered by the Board.
3. The applicant enlisted in the Regular Army on 17 July 1967 for a period of 3 years. He served as a radio relay and carrier equipment repairman and was released from active duty in the rank of specialist five on 8 July 1970 and transferred to the USAR.
4. Item 5a (Grade, Rate or Rank) on the applicant's DD Form 214 for the period ending 8 July 1970 shows the entry, "SP5" [specialist five]. Item 5b (Pay Grade) on this DD Form 214 shows the entry, "E-5."
5. The applicant was honorably discharged from the USAR on 16 July 1973. He subsequently served in the Army National Guard and the USAR and was promoted to master sergeant/E-8 effective 3 May 1986.
6. 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. In pertinent part it states that the DD Form 214 is a synopsis of the SoldierÂ’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Since the applicant was promoted to master sergeant/E-8 in the USAR on 3 May 1986, approximately 16 years after his release from active duty, there is no basis for amending items 5a and 5b on his DD Form 214 for the period ending 8 July 1970 to show his rank as master sergeant/E-8.
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 to amend the decision of the ABCMR set forth in Docket Number AR20070015289, dated 8 April 2008.
_______ _ 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) AR20080016240
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ABCMR Record of Proceedings (cont) AR20080016240
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