DOCKET NUMBER: AR20090018027
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 his rank on his Honorable Discharge Certificate from the U.S. Army Reserve (USAR) be corrected to show specialist four (SP4) instead of private first class (PFC).
2. The applicant states:
* his discharge papers from the USAR show his rank as PFC and it should be SP4
* he attained the rank/grade of SP4/E-4 on active duty and his discharge papers from the USAR should reflect that rank
3. The applicant provides:
* DD Form 214 (Report of Transfer or Discharge)
* Honorable Discharge Certificate
* letter, dated 29 October 2009, from a Member of Congress
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 was inducted into the Army of the United States on
16 September 1959. He served as an administrative specialist and he was released from active duty in the temporary rank of SP4 on 15 September 1961. He was transferred to the USAR to complete his remaining service obligation.
3. Item 3a (Grade, Rate, or Rank) of the applicant's DD Form 214 shows the entry "SP4 [specialist four] E-4 (T) [temporary]."
4. Section I (Appointments, Promotion, or Reductions) on the applicant's DA Form 24 (Service Record) shows he was advanced to the temporary grade of SP4/E-4, effective 21 December 1960.
5. There are no USAR service personnel records or USAR discharge orders in the available records.
6. The applicant's Honorable Discharge Certificate, dated 31 August 1965, shows he was discharged from the USAR in the rank of private first class.
DISCUSSION AND CONCLUSIONS:
The applicant's contention he attained the rank of SP4/E-4 on active duty and his discharge papers from the USAR should reflect that rank was noted. However, evidence of record shows he was discharged from the USAR in the rank of private first class in August 1965, four years after his release from active duty. There are no USAR records or discharge orders in the available records. Therefore, there is insufficient evidence on which to amend his rank on his Honorable Discharge Certificate from the USAR.
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) AR20090018027
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ABCMR Record of Proceedings (cont) AR20090018027
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