DOCKET NUMBER:  AR20090002323 


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, correction to Item 3 (Grade, Rate, Rank, and Date of Appointment) and Item 41 (Dates of Last Civilian Employment) on his DD Form 214 (Report of Separation from the Armed Forces of the United States).  

2.  The applicant states, in effect, Item 3 should reflect that his grade at the time of his discharge was specialist 3rd class (SP3), pay grade E-3.  Item 41 should reflect that his civilian employment was from March 51 (1951) to May 53 (1953).  He has a letter that he addressed to his wife, dated 6 December 1955, that indicates he was an SP3.  He feels that the information on his DD Form 214 is a typographical error where it shows specialist 2nd class (SP2) 19 January 1956.  He was advanced to pay grade SP2 [sic] after he finished airborne school in November 1953 and promoted to SP3 when he was transferred to Headquarters and Support Company, 27th Engineer Battalion, and became a driver for the captain sometime in 1955.  

3.  In support of his applications, the applicant provides copies of his DD Form 234 (Allotment Authorization) and his 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 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 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 applicant’s records were destroyed in that fire.  However, the DD Form 214 and DD Form 234 submitted by the applicant were sufficient for the Board to conduct a fair and impartial review of this case.  

3.  The applicant's available military record shows he enlisted in the Army, in pay grade E-1, on 4 May 1953, for 3 years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 760.00 (Supply Clerk).  

4.  The applicant provides a copy of a DD Form 234, dated 7 September 1955, that shows he elected a new allotment for his spouse as a result of a promotion in rank to SP3.  The DD Form 234 was certified on 13 September 1955.

5.  It appears the applicant was promoted to the rank of SP2, pay grade E-5, on 19 January 1956.  

6.  The applicant was honorably released from active duty in the rank of SP2 on 3 May 1956 and was transferred to the Army Reserve.  He was credited with 3 years net active service.

7.  Item 3 of the applicant's DD Form 214 shows the rank of SP2, 19 January 1956.  Item 41 of his DD Form 214 shows his civilian employment dates from Mar 53 to May 53.  There is no evidence of lost time in Item 38 (Remarks) and Item 27 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Good Conduct Medal.  The applicant placed his signature in Item 48 (Signature of Person Being Separated) of his DD Form 214 to indicate that the information recorded on the form was correct/complete to the best of his knowledge.

8.  The Conversion of Pay Grades for Enlisted Personnel from 1 July 1920 to 1966 chart shows for the year 1 July 1955 the title for the enlisted pay grade of E-5 was that of sergeant or SP2.  The chart also shows the title for the enlisted pay grade of E-4 was that of corporal or SP3.  

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, specified, in pertinent part, that Item 3 would list the rank, pay grade, and the effective date of the individual's promotion or reduction to the rank and pay grade in which the individual was serving on the effective date of separation.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence indicates that the applicant was promoted to the rank of SP3, pay grade E-4, sometime in August 1955.  The evidence also shows he was promoted to the rank of SP2, pay grade E-5, and was serving in that higher rank at the time of his separation from active duty.  There is no evidence the applicant was reduced to the rank of SP3 prior to his separation from active duty on 3 May 1956.  In view of the foregoing, there is no basis for granting the applicant's request for correcting his DD Form 214 to show his rank as SP3.

2.  There is also insufficient available evidence to verify the correct dates of the applicant's civilian employment.  Therefore, the applicant has no basis for correction to Item 41 of his DD Form 214 to show any other dates.

3.  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 has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090002323



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ABCMR Record of Proceedings (cont)                                         AR20090002323



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