BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110009508
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 (Report of Separation from the Armed Forces of the United States) to show he was released from active duty (REFRAD) in the rank of specialist 6 (E-6).
2. The applicant states he was REFRAD as a corporal (5th Grade) but he was discharged from the U.S. Army Reserve (USAR) in the rank of specialist 6.
3. The applicant provides a copy of his USAR Honorable Discharge Certificate.
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 applicants official military records are not available. His DD Form 214 shows he was:
* inducted into the Army on 27 January 1953
* REFRAD in the rank of corporal on 26 January 1955
* transferred to the USAR to complete his 8-year service obligation
3. The USAR Honorable Discharge Certificate the applicant submits shows he was discharged on 31 December 1960, in the rank of specialist 6.
4. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It states that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of retirement, REFRAD, or discharge from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. He has not shown error or in justice in the rank shown on his DD Form 214.
2. In accordance with the applicable regulation the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of retirement, REFRAD, or discharge from active duty. As stated by the applicant he was REFRAD in the rank of corporal and this information is appropriately shown on his DD Form 214.
3. In view of the foregoing, his 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.
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