IN THE CASE OF:
BOARD DATE: 25 May 2010
DOCKET NUMBER: AR20090020402
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 256A (Honorable Discharge Certificate) be corrected to show his rank and pay grade as specialist four (SP4), E-4.
2. The applicant states he was released from active duty as a SP4, E-4 but his discharge certificate shows his rank and pay grade as private first class (PFC), E-3.
3. The applicant provides copies of his DD Form 214 and discharge certificate.
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 on 6 December 1965, completed training and was awarded the military occupational specialty 61D (Amphibious Boat Operator).
3. He served in Vietnam for 11 months and 29 days and was released from active duty as an overseas returnee on 11 September 1967. He was transferred to the Army Reserve (USAR) Control Group (Annual Training), as a SP4, to complete his period of obligated service.
4. The applicant enlisted in the Army National Guard (ARNG) in order to participate as a full time air defense technician. He entered the ARNG as a PFC on 12 December 1968 and served for 3 months and 29 days before transferring back to the USAR on 11 April 1969.
5. His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was transferred to the USAR as a PFC, E-3.
6. The record contains no indication of active participation in the USAR or any advancement above PFC following his ARNG enlistment.
7. The applicant was issued an Honorable Discharge Certificate on 11 December 1972. It lists his rank as PFC.
8. 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 states that a DD Form 256A (Honorable Discharge Certificate) will be issued upon a service member's completion of obligated service. The rank and grade typed on this form are to be the rank and grade held at the time the Soldiers complete their period of obligated service.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was released from active duty as a SP4 but his discharge certificate shows his rank and pay grade as PFC.
2. The applicant was released from active duty in the rank SP4; however, he enlisted the ARNG as a PFC and was released back to the USAR as PFC.
3. The record does not contain and the applicant has not provided any evidence that he was advanced to SP4 following his enlistment in the ARNG. As such no correction of the record is warranted.
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) AR20090020402
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
ABCMR Record of Proceedings (cont) AR20090020402
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100013123
ARMY | BCMR | CY2010 | 20100024066
DD Form 1351-2, dated 22 April 1982, as provided by the applicant, indicates his pay grade at the time was E-4. The available evidence clearly shows that the applicant held the rank of SP4 and pay grade E-4 at the time of his release from active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. issuing a DD Form 215 (Correction to DD Form 214) to show in item 4a and 4b his rank and pay grade as SP4 and E-4,...
ARMY | BCMR | CY2014 | 20140014659
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * DD Form 214, effective date 11 April 1971 * DD Form 256A, dated 8 June 1976 CONSIDERATION OF EVIDENCE: 1. Records show the applicant was not promoted to SP4 until 1 April 1972, after his discharge from active duty on 11 April 1971.
ARMY | BCMR | CY2008 | 20080012721
The evidence of record shows that the applicant was inducted into the Army of the United States on 17 September 1968 and was honorably separated from active duty as a CPL on 25 April 1970. Upon completion of his military service obligation on 16 September 1974, he was honorably discharged from the USAR in the rank of SP4. However, there is no evidence to show he served as a CPL and, in September 1977, he was honorably discharged from the USAR.
ARMY | BCMR | CY2009 | 20090014160
This document also shows the applicant's rank was SP4. The applicant contends, in effect, that his DD Form 214 should be corrected to show he was REFRAD in the rank of SP4/E-4 with a DOR of 9 July 1972 because he held that rank when he was separated from active duty and also at the time he was discharged from the USAR. Therefore, it would be appropriate to correct his DD Form 214 to show the correct rank, grade, and DOR.
ARMY | BCMR | CY2009 | 20090013205
The evidence of record also shows that the applicant's DD Form 214 issued on 20 July 1990 shows his correct rank, pay grade, DOR, and MOSC. Thus, the evidence of record indicates the applicant's discharge orders show the incorrect rank; however, the MOSC is correct. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Headquarters, U.S. Army Reserve Personnel Center, St. Louis, Missouri, ARPC-PAT-R(N1), Orders...
ARMY | BCMR | CY2014 | 20140010248
The applicant states his rank was PFC/E-3 at the time of his release from active duty, but his rank was SP4/E-4 at the time of his discharge from the U.S. Army Reserve (USAR). Item 3a (Grade, Rate, or Rank) of his DD Form 214 shows his rank and grade as PFC/E-3. Therefore, there is no basis to correct his DD Form 214 to show his rank and grade as SP4/E-4.
ARMY | BCMR | CY2014 | 20140004377
The applicant requests correction of his National Archives and Records Administration (NARA) Form 13038 (United States of America Certification of Military Service) to show his last grade, rank, or rating as specialist four (SP4). The applicant's military records are not available to the Board for review. The available evidence appears to show he was promoted to the rank of SP4 after he was released from active duty and while he was a member of the USAR.
ARMY | BCMR | CY2011 | 20110019214
On 19 March 1980, Headquarters, First U.S. Army published Orders 55-45 reassigning him from his TPU, the 338th General Hospital, back to the USAR Control Group (Reinforcement) as an unsatisfactory participant. On 26 February 1982, the U.S. Army Reserve Personnel Administrative Center, St. Louis, MO, published Orders 02-1010029 ordering his honorable discharge from the USAR effective 1 March 1982 by reason of having completed his military service obligation. He held the rank/grade of...
ARMY | BCMR | CY2008 | 20080014171
The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 12 January 1970 in support of his application. The evidence of record shows that Special Orders advanced the applicant to the rank/grade of PFC/E-3, effective 22 November 1968. The evidence of record shows that the applicants REFRAD orders indicate his rank was SP4.