BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100017884
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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his rank at the time of his discharge.
2. The applicant indicated by the documents he provides that at the time he was released from active duty he was serving in the rank of private first class (PFC). However, by the time he was discharged from the U.S. Army Reserve (USAR) he had been advanced to the rank of specialist four (SP4) and he desires his DD Form 214 to reflect his rank as SP4 so that he will be given the proper rank at his burial.
3. The applicant provides:
* a certification of military service
* a copy of his DD Form 214
* a copy of his Honorable Discharge Certificate showing he was discharged in the rank of SP4
* copies of miscellaneous documents showing his rank as SP4 in the USAR
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 9 January 1958. He completed his training as a light weapons infantryman and was transferred to Germany for assignment to the 11th Armored Cavalry Regiment where he served 1 year, 5 months, and 14 days. He returned to Fort Sheridan, Illinois, where he was honorably released from active duty (REFRAD) in the rank of PFC as an overseas returnee on 18 December 1959. He had 1 year, 11 months, and 10 days of total active service and was transferred to the USAR to complete his service obligation.
3. On 31 December 1963, the applicant was honorably discharged from the USAR in the rank of SP4 and he was issued an Honorable Discharge Certificate in that rank.
4. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that exists at the time of release or discharge from active duty. Service or events that occur subsequent to the date the DD Form 214 was issued will not be entered on the DD Form 214 retroactively unless the event occurred during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 was properly prepared to reflect his service as of the date of his REFRAD and he failed to show the form is in error.
2. Army Regulation 635-5 specifically provides that information or events that occur subsequent to the date the DD Form 214 is issued will not be entered on that form retroactively. While it is understood why the applicant desires to have his DD Form 214 changed to reflect his subsequent service in the USAR, such a change is not authorized by regulation.
3. However, the applicant is not precluded from requesting a statement of service from the National Personnel Records Center in St. Louis, Missouri, the current custodian of his service records.
4. In view of the foregoing, there is no basis for granting the applicant's 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 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) AR20100017884
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ABCMR Record of Proceedings (cont) AR20100017884
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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