IN THE CASE OF:	  

		BOARD DATE:	    21 July 2011

		DOCKET NUMBER:  AR20110001786 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct rank and to show his service in Germany.  He also contends that his medical records are not correct.

2.  The applicant states the rank is not right and it does not show that he served in Germany for 11 months.

3.  The applicant provides a copy of his DD Form 214 and U.S. Army Reserve (USAR) discharge orders.

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.  The applicant's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  He contends that his medical records are not correct.  However, his medical records are not included with the available records and his application does not address the specific error(s) he believes exist or how they should be corrected.  Therefore, this portion of his request will not be discussed further in this Record of Proceedings.

4.  His DD Form 214 shows that he enlisted in the Regular Army on 
22 November 1954 and was awarded military occupational specialty 121.10 (Combat Construction Specialist).

5.  The available documents in his Official Military Personnel File (OMPF) show his rank and grade as PFC (private first class)/E-3 and SP3 (specialist third class)/E-3. 

6.  Headquarters, U.S. Army Training Center, Fort Ord, CA, Special Orders Number 151, dated 23 November 1957, directed his release from active duty.  These orders show his rank as SP3.

7.  He was released from active duty and transferred to the USAR on 
23 November 1957.  Item 3a (Grade, Rate or Rank) of his DD Form 214 shows his rank as SP3.  Item 24c (Foreign and/or Sea Service) shows 11 months.

8.  He provided his USAR discharge orders, dated 1 October 1962, which show his rank and grade as SP4 (specialist four)/E-4.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and states:

	a.  the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.

	b.  it provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

10.  Army Regulation 635-5, in effect at the time, stated that:

	a.  for item 3a, enter grade in which serving at time of separation; and 

	b.  item 24c would reflect "total active duty outside continental limits of the United States for the period covered by the DD Form 214."  There were no provisions for entering the actual location where the foreign service was performed on the DD Form 214 during the period in question.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his correct rank and to show his service in Germany has been carefully reviewed.

2.  The available documents in his OMPF show his rank and grade as PFC/E-3 and SP3/E-3.  His release from active duty orders show his rank as SP3 and item 3a of his DD Form 214 show his rank as SP3.  There is no evidence showing that he was serving in any other rank at the time of his separation from active duty.  Therefore, the rank shown on his DD Form 214 is correct and there is no basis to amend his DD Form 214 to show a different rank.

3.  He contends that he served 11 months in Germany.  Item 24c of his DD Form 214 shows he served 11 months of foreign and/or sea service.  There were no provisions for entering the location of the foreign service on an individual's 
DD Form 214 at the time he was released from active duty in November 1957.  Therefore, his foreign service is appropriately recorded in item 24c of his DD Form 214.

4.  Based on 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 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)                                         AR20110001786



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ABCMR Record of Proceedings (cont)                                         AR20110001786



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