IN THE CASE OF:
BOARD DATE: 10 November 2009
DOCKET NUMBER: AR20090009530
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 DD Form 256A (Honorable Discharge) certificate from the U.S. Army Reserve (USAR) to show his rank as sergeant (SGT) instead of specialist four/SP4.
2. The applicant states the rank on his discharge certificate contains a typographical error and he would like the certificate re-issued with the rank of "SGT."
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a DD Form 256A in support of this 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 applicant's military records show he enlisted in the Regular Army on 14 September 1961. He was awarded the military occupational specialty of communications center specialist, and was promoted to the rank of SGT/E-5.
3. The applicant's DA Form 24 (Service Record) shows his rank as SGT/E-5.
4. The applicant was honorably released from active duty on 27 July 1964 and transferred to the USAR Control Group (Reinforcement) after completing 2 years, 10 months, and 14 days of creditable active service. The applicant's DD Form 214 also shows his rank as SGT/E5.
5. On 31 August 1967, the applicant was issued a DD Form 256A (Honorable Discharge) certificate from the U.S. Army Reserve (USAR) that shows his rank was SP4.
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 and DA Form 24 show his rank as SGT/E-5. There is no evidence to show that he was subsequently assigned to a Reserve unit where a reduction in rank could have occurred. As such, it would be appropriate to correct his DD Form 256A to show his rank as Sergeant.
BOARD VOTE:
____X___ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by re-issuing him a DD Form 256A with the rank of "Sergeant."
_______ _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) AR20090009530
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ABCMR Record of Proceedings (cont) AR20090009530
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