IN THE CASE OF:
BOARD DATE: 20 October 2009
DOCKET NUMBER: AR20090005687
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to show his rank as staff sergeant (SSG) and his pay grade as E-6. He also requests his blood type be changed to A negative.
2. The applicant states he recently gave blood and discovered that the blood type shown on his DD Form 214 is wrong. He believes that his rank on the DD Form 214 should be changed for benefits and that his blood type should be changed for obvious reasons.
3. The applicant provides copies of his DD Form 214, dated 2 July 1970; both sides of his U.S. Army Reserve (USAR) identification (ID) card; discharge orders, dated 1975; and a letter from the American Red Cross, dated 14 March 2009.
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 applicant enlisted in the USAR on 8 September 1969 for the Drill Instructor Program. He attended initial active duty for training (IADT) from 5 December 1969 to 2 July 1970 and was separated from active duty in pay grade E-2 and released to the USAR.
3. A 24 July 1971 letter of appreciation recognized his performance as a sergeant (E-5) during annual training from 10 through 24 July 1971.
4. Headquarters, 2nd Battalion, 355th Training Regiment, 2nd Brigade (Basic Combat Training), 85th Division (Training), Special Orders Number 28, dated 13 July 1972, promoted the applicant to SSG (E-6).
5. A DA Form 428 (Application for Identification Card), dated 9 March 1975, shows the applicant's blood type as A positive.
6. The documents provided to substantiate his application show the following:
a. The 2 July 1970 DD Form 214 shows his rank as private and his pay grade as E-2.
b. The 1975 Reserve ID card shows as rank as SSG and his pay grade as
E-6.
c. The 31 August 1975 orders show the applicant was discharged from the USAR due to the expiration of his term of service on that date.
d. The 14 March 2009 letter from the American Red Cross indicates the applicant's blood type is A negative.
7. Army Regulation 635-5 (Separation Documents), paragraph 2-1, states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he recently gave blood and discovered that the blood type shown on his DD Form 214 is wrong. He believes that his rank on the DD Form 214 should be changed for benefits and that his blood type should be changed for obvious reasons.
2. The applicant was not serving in pay grade E-6 when he was released from IADT on 2 July 1970. He was not promoted to SSG (E-6) until 13 July 1972.
3. Furthermore, the DD Form 214 is a report for a period of active duty service. It is not intended to be a career resume.
4. The applicant states he recently gave blood and discovered that the blood type shown on his DD Form 214 is wrong. The applicant's blood type could be shown wrong on either or both of the DD Form 214 and the recent Red Cross letter. However, there is no basis for changing the DD Form 214. A 37-year old document would not be used for medical purposes.
5. 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) AR20090005687
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ABCMR Record of Proceedings (cont) AR20090005687
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