IN THE CASE OF:
BOARD DATE: 10 June 2010
DOCKET NUMBER: AR20090021202
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 214 (Report of Separation from Active Duty) to show he held the rank/grade of staff sergeant (SSG)/pay grade E-6 instead of specialist four (SP4)/pay grade E-4 at the time of release from active duty.
2. The applicant states, in effect, he was promoted to SSG/E-6 while stationed in Fulton [correctly known as Fulda], Germany. He also states while serving in the U.S. Army Reserve (USAR) and assigned to the 312th Evacuation Hospital located in Greensboro, North Carolina he held the rank of SSG/E-6.
3. The applicant provides no evidence.
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 record shows he enlisted in the Regular Army (RA) and entered active duty on 21 June 1972 in the rank/grade of private (PVT)/E-1. Upon completion of advanced individual training he was awarded military occupational specialty (MOS) 91A (Medical Corpsman). At a later date, he was reclassified into MOS 91B (Medical Specialist). He served in Germany from
14 December 1972 until 29 May 1975.
3. Item 13 (Appointments and Reductions) of the applicant's DA Form 20 (Enlisted Qualification Record) covering his RA active duty service shows he was promoted to:
* private (PV2)/E-2 on 21 October 1972
* private first class (PFC)/E-3 on 21 June 1973
* SP4/E-4 on 1 October 1973
4. Headquarters, U.S. Army Training Center, Fort Jackson, South Carolina, Special Orders Number 114, dated 30 May 1975, show the applicant was released from active duty in the rank of SP4/E-4 on 1 June 1975 and transferred to the USAR Control Group (Reinforcement).
5. The applicant's DD Form 214, dated 1 June 1975, shows in Item 6a (Grade, Rate or Rank) SP4. Item 6b (Pay Grade) shows E-4.
6. His record is void of orders and he has not provided any orders promoting him to SSG/E-6 during his period of active duty service.
7. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record - Part II) covering his USAR service shows he was promoted in the USAR to sergeant (SGT)/E-5 on 16 April 1977 and to SSG/E-6 on 17 January 1982.
8. Item 35 (Record of Assignments) of his DA Form 2-1 shows he was released from active duty in the rank of SP4/E-4. It also shows he was assigned to the 312th Evacuation Hospital during his tenure in the USAR commencing on
1 February 1976.
9. A DA Form 2 (Personnel Qualification Record - Part I), prepared on 31 March 1984 and a DA Form 2A (Personnel Qualification Record) (USAR), prepared on 12 January 1986, show he was promoted to SSG/E-6 on 17 January 1982.
10. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. In pertinent part, it stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. This regulation, in pertinent part, also stated the active duty rank and pay grade at the time of separation will be entered in Items 6a and 6b of the DD Form 214, respectively.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show he held the rank of SSG/E-6 at the time of release from active duty was carefully considered and determined to lack merit.
2. His record contains no evidence and he has failed to provide evidence showing he was promoted to the rank of SSG/E-6 during the period of active duty service covered by his DD Form 214.
3. Evidence shows the applicant was promoted to SSG/E-6 in the USAR on 17 January 1982, over 6 years after he was released from active duty.
4. Army policy, in effect at the time, provided that the DD Form 214 is a synopsis of a Soldier's most recent period of continuous active service. There is no provision for including subsequent USAR promotions on a DD Form 214 rendered for a previous period of active service.
5. In the absence of evidence to the contrary, the entries in items 6a and 6b of the applicant's DD Form 214 are presumed to be correct. He has the burden of proving that an error or injustice occurred by a preponderance of the evidence.
6. 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. He failed to submit evidence to satisfy this requirement. Therefore, he is not entitled to the requested relief.
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.
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