IN THE CASE OF:
BOARD DATE: 19 February 2009
DOCKET NUMBER: AR20080016723
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 his Reserve rank be included on his
DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states, in effect, he would like his active ready Reserve rank included on his DD Form 214.
3. The applicant provides his DD Form 214, an honorable discharge certificate and identification cards 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 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. This case is being considered using primarily the applicant's DD Form 214.
3. The applicant's DD Form 214 shows that he was inducted into the Army and entered active duty on 28 January 1949. Item 1 (Grade-Rate-Rank and Date of Rank) shows that on the date of separation he held the rank of private first class (PFC), which he attained on 30 August 1949.
4. The applicant's DD Form 214 further confirms that he was released from active duty (REFRAD) on 27 January 1950, after completing 1 year of active military service, and that he was transferred to the Enlisted Reserve Corps (ERC) on that date.
5. The applicant provides a discharge certificate that shows he was honorably discharged from the Ready Reserve on 27 January 1955, and that he held the rank of sergeant (SGT) at that time. He also provides an ERC ID Card
(WD AGO Form 166), which shows he held the rank of SGT in the ERC.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. It states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. There are no provisions for correcting a DD Form 214 based on actions that take place subsequent to a member's separation from the particular period of active duty service covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his Reserve rank should be included on his
DD Form 214 was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of
active duty service at the time of release from active duty, retirement, or discharge. There are no regulatory provisions that allow for correcting a
DD Form 214 based on actions that take place subsequent to the specific active duty period covered by the DD Form 214.
3. In this case, the evidence confirms the applicant held the rank of PFC on the date of his REFRAD. Clearly his promotion to SGT occurred while he was serving in the ERC subsequent to his REFRAD. Therefore, there is an insufficient evidentiary basis to support granting the requested relief.
4. 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.
_______ _ 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) AR20080016723
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080016723
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080017516
Application for correction of military records (with supporting documents provided, if any). The applicant's records confirm he held the rank of PFC at the time of his REFRAD on 17 February 1983, and this is the rank properly reflected on the DD Form 214 he was issued upon his separation from active duty. 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.
ARMY | BCMR | CY2010 | 20100026174
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his grade as a sergeant (SGT)/E-5 instead of private first class (PFC)/E-3. The applicant states he read that if a member does not have the rank of SGT, after 5 years of service, he could request a discharge. There is no evidence in his records and he did not provide any that shows he was recommended for or promoted to SGT/E-5 during his military service.
ARMY | BCMR | CY2009 | 20090003551
Application for correction of military records (with supporting documents provided, if any). Item 3 of the DD Form 214 shows the grade held at the time of separation. The applicant contends that his DD Form 214 should be corrected to show his grade as that of S/Sgt.
ARMY | BCMR | CY2014 | 20140009876
The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. _____________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.
ARMY | BCMR | CY2004 | 2004100281C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. Although the applicant was promoted to the rank of colonel in the USAR, he did not serve on active duty in that rank and thus is not entitled to either be retired in that rank or to have his DD...
ARMY | BCMR | CY2011 | 20110013415
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he held the rank/grade of specialist four (SP4)/pay grade E-4 instead of private first class (PFC)/pay grade E-3 at the time of his release from active duty. It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. The applicant's contention that his DD Form 214 should be corrected to show he held the rank of SP4/E-4 at the time of REFRAD...
ARMY | BCMR | CY2008 | 20080010275
The applicant states, in effect, that he is providing a certified copy of a BSM certificate that confirms he received this award while serving in the Republic of Vietnam (RVN), and is requesting to be awarded the CIB based on his qualifying infantry combat service in the RVN. The applicant's record contains Headquarters, United States Army Personnel Center, Oakland, California, Special Orders Number 338, dated 3 December 1968, which directed his relief from active duty (REFRAD) and transfer...
ARMY | BCMR | CY2009 | 20090005664
However, there is no evidence available which verifies the applicant held the rank of CPL while he was in the ERC. Therefore, there is an insufficient basis in which to correct his Honorable Discharge Certificate for his period of service in the ERC to show his rank as CPL. ___________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.
ARMY | BCMR | CY2009 | 20090003941
The applicant requests, in effect, that his military records be corrected to show his date of birth as 8 May 1949 vice 8 March 1949. There are no documents or orders in the applicant's record that show he was promoted to the grade of SGT/E-5. Evidence of record shows that the applicant was promoted to E-4 in January 1970.
ARMY | BCMR | CY2010 | 20100025401
The applicant provides several service record documents. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in item 33 (Appointments and Reductions) the highest rank/grade he held during his period of active service was SP4/E-4 with a date of rank of 17 December 1971, based on Special Orders Number 4, issued by Headquarters, 1st Cavalry Division, dated in 1972. The documents submitted by the applicant to substantiate his request to change his rank/grade as shown on...