IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100025549
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, through his Member of Congress, reconsideration of his earlier request to show his rank on his Honorable Discharge Certificate from the U.S. Army Reserve (USAR) as a specialist four (SP4)/E-4 instead of private first class (PFC)/E-3.
2. The applicant states he is now providing additional information to show his rank of SP4.
3. The applicant provides Special Orders Number 4, dated 7 January 1963.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090018027, on 22 April 2010.
2. The applicant submitted an assignment order which was not previously reviewed by the ABCMR; therefore, it is considered new evidence and as such warrants consideration by the Board.
3. The applicant was inducted into the Army of the United States on
16 September 1959 and he held military occupational specialty 717.10 (Administrative Specialist).
4. His records show he was assigned to the U.S. Army Training Center, Field Artillery, Fort Sill, OK. He was advanced to the permanent (P) rank/grade of private (PV2)/E-2 on 16 January 1960, temporary (T) rank/grade of PFC/E-3 on 16 May 1960, and the temporary (T) rank/grade of SP4/E-4 on 21 December 1960.
5. He was honorably released from active duty on 15 September 1961 and he was transferred to the USAR Control Group to complete his remaining Reserve obligation. Item 3a (Grade, Rate or Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his rank/grade as "SP4 E-4 (T)" and item 32 (Remarks) shows the entry "PVT E-2 (P)" as the highest permanent rank/grade he held while on active duty.
6. His records pertaining to his USAR service are not available for review with this case. However, he submitted a copy of Special Orders Number 4, issued by Headquarters, XX U.S. Army Corps, Fort Hayes, OH, dated 7 January 1963, that ordered him to annual training with Company C, 728th Transportation Battalion. The orders listed his rank/grade as "SP4/E-4."
7. His USAR discharge orders are not available for review with this case. He previously submitted an Honorable Discharge Certificate, dated 31 August 1965, that listed his rank as "PFC."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served on active duty from 16 September 1959 through 15 September 1961. He held the temporary rank of SP4 at the time of his release from active duty.
2. Upon his release from active duty, he was transferred to the USAR Control Group to complete his remaining Reserve obligation. His records for his USAR service are not available for review with this case. Although he provided official orders ordering him to annual training on 7 January 1963, it is unclear if he held that rank through 31 August 1965, the date he was discharged from the USAR.
3. The Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. In the absence of additional evidence that conclusively shows he held the rank of SP4 at the time of his discharge from the USAR on 31 August 1965, there is insufficient evidence in which to amend his rank on his Honorable Discharge Certificate.
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 to amend the decision of the ABCMR set forth in Docket Number AR20090018027, dated 22 April 2010.
___________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) AR20100025549
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100025549
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110012880
He was not promoted to SGT during the period covered by this DD Form 214. c. He did not serve through 1965 during the period covered by his DD Form 214. d. He arrived in Germany on 18 April 1960 and remained in Germany through his release from active duty date on 5 November 1961, a period of 1 year, 6 months, and 27 days. With respect to his first DD Form 214 that covered his active duty from 6 November 1961 to 22 March 1963, the applicant will be provided with a copy of this form: a. He...
ARMY | BCMR | CY2009 | 20090018027
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). There are no USAR service personnel records or USAR 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.
ARMY | BCMR | CY2010 | 20100019030
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * total foreign service * award of the Purple Heart and Vietnam Service Medal * last rank and pay grade as specialist four (SP4)/E-4 2. His DA Form 20 (Enlisted Qualification Record) prepared from temporary records on 23 May 1969 shows: * item 31 (Foreign Service) arrival date in Vietnam not indicated and departure date from Vietnam as 24 May 1969 * item 33...
ARMY | BCMR | CY2012 | 20120006094
The applicant states effective 18 April 1961, at the request of his company commander, he served as a SGT/E-5, training SGT until his release from active duty on 6 July 1961. The evidence of record shows at the time the applicant was separated, on 6 July 1961, he held the rank of SP4/E-4 (T). The evidence of record does not show and he has not provided any evidence that shows he was promoted to SGT/E-5 prior to his separation.
ARMY | BCMR | CY2012 | 20120009976
Application for correction of military records (with supporting documents provided, if any). The applicant did not provide any evidence. However, his records contain two DA Forms 24 (Service Record) and a DA Form 20 (Enlisted Qualification Record), as follows: a. DA Form 24 covering the period 10 September 1962 to 2 September 1965 shows in Section 1 - Appointments, Promotions or Reduction the following grades and effective dates: * private (PVT)/E-1, 10 September 1962 * private (PVT)/E-2,...
ARMY | BCMR | CY2012 | 20120017768
The applicant provided Elvis Presley's (SGT Presley) DD Form 214 which shows SGT Presley was drafted into the Army of the United States on 24 March 1958. Additionally, he states he had a better service record than SGT Presley. The ABCMR considers cases based on the evidence in an applicant's service record and the evidence they provide to support and strengthen the case.
ARMY | BCMR | CY2014 | 20140020307
The applicant requests, in effect, correction of his military records to show: a. he was promoted to chief warrant officer three (CW3) prior to retiring in 1977; b. his retirement adjusted to reflect this promotion and the benefits of such promotion; and c. he was originally promoted to specialist five (SP5), pay grade E-5, on 4 May 1959. The applicant contends that his military records should be corrected to show: a. he was promoted to chief warrant officer three (CW3) prior to his...
ARMY | BCMR | CY2009 | 20090020483
Application for correction of military records (with supporting documents provided, if any). The applicant requests reconsideration of his request for correction of Item 3a (Grade, Rate, or Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 October 1964, to show his rank as specialist four (SP4)/pay grade E-4. The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 26 October 1961, for 3 years.
ARMY | BCMR | CY2009 | 20090001935
The applicant requests, in effect, that he be awarded the Armed Forces Expeditionary Medal and that it be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Section 5 (Service Outside Continental United States) of the applicant's DA Form 24 shows that during the period he was ordered to active duty he had no overseas service. The evidence shows the applicant served on active duty for the period from 23 April 1959 through 12 April 1961 and for the...
ARMY | BCMR | CY2010 | 20100019284
The applicant requests, in effect, restoration of his rank to specialist four (SP4)/E-4 and correction of DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this rank. Item 3 of the DD Form 214 shows the grade in which an enlisted Soldier was serving at the time of separation with an indication whether it was a permanent or a temporary grade. The evidence of record shows he was reduced to the permanent grade of RCT/E1 on 20 November 1959 by an SPCM conviction.