BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100026267
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 256A (Honorable Discharge Certificate) to show he was discharged from the U.S. Army in the rank of specialist four.
2. The applicant states his discharge certificate should show he was discharged from the Regular Army, not the U.S. Army Reserve (USAR), and his rank as specialist four.
3. The applicant provides a copy of his DD Form 256A, dated 30 June 1972.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 1 July 1966, the applicant enlisted in the Regular Army for 3 years and obligated himself to a 6-year commitment in the USAR. He completed his initial training and was awarded military occupational specialty 62E (Tractor Operator).
3. On 30 November 1967, the applicant departed Fort Benjamin Harrison, Indiana, for duty in the Republic of Vietnam.
4. On 1 February 1968, the applicant was assigned to the 497th Engineer Company as an equipment operator.
5. Unit Orders Number 108, 497th Engineer Company, reduced the applicant from specialist four/pay grade E-4 to private first class/pay grade E-3 due to misconduct.
6. On 1 February 1969, the applicant departed the Republic of Vietnam and returned to Fort Lewis, Washington.
7. Special Orders Number 32, Fort Lewis, Washington, dated 1 February 1969, released the applicant from active duty in the rank of private first class/pay grade E-3. He completed 2 years, 7 months, and 2 days of creditable active duty service. He was transferred to the USAR Control Group (Reinforcement).
8. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows:
a. he was a private first class at the time of his release from active duty and
b. he was transferred to the USAR with a termination date of his Reserve obligation of 30 June 1972.
9. The DD Form 256A provided by the applicant shows he was discharged from the USAR on 30 June 1972 in the rank of private first class.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 256A should be corrected to show he was discharged from the Regular Army in the rank of specialist four.
2. The evidence of record clearly shows the applicant was released from active duty as a private first class and transferred to the USAR. There is no evidence showing he was ever advanced to specialist four while a member of the USAR.
3. Furthermore, he was honorably discharged from the USAR on 30 June 1972 upon completion of his 6-year Reserve obligation as evidenced by his DD Form 256A.
4. In view of the above, the applicant's request should be denied.
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) AR20100026267
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ABCMR Record of Proceedings (cont) AR20100026267
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