IN THE CASE OF:
BOARD DATE: 12 January 2012
DOCKET NUMBER: AR20110013415
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 214 (Report of Separation from Active Duty) to show he held the rank/grade of specialist four (SP4)/pay grade E-4 instead of private first class (PFC)/pay grade E-3 at the time of his release from active duty.
2. The applicant states the rank shown on his DD Form 214 is wrong.
3. He provides his DD Form 214 and his 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 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 record shows he was inducted into the Army of the United States on 6 September 1961 in the rank/pay grade of private/E-1.
3. Section 1 (Appointments, Promotions, or Reductions) of the applicant's DA Form 24 (Service Record) covering his active duty service shows he was advanced to:
* private/E-2 on 6 January 1962
* PFC/E-3 (temporary) on 10 May 1962
* PFC/E-3 (permanent) on 1 October 1962
4. His record is void of evidence and he has not provided any evidence showing he was considered for advancement to SP4/E-4 and was subsequently selected for advancement during his period of active duty service.
5. His record is void of documentation and he has not provided any documentation advancing him to SP4/E-4 during his period of active duty service.
6. On 10 August 1963, he was released from active duty (REFRAD) in the rank of PFC/E-3 and transferred to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 he was issued shows in:
* item 3a (Grade, Rate, or Rank) PFC, E-3, (permanent)
* item 3b (Date of Rank) 10 May 1962
7. Unit Orders Number 7 issued by Company C, 3rd Infantry Battalion, Kirksville, TN, dated 5 May 1964, show he was appointed to the grade of SP4/E-4 effective the date of the order.
8. 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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge. The regulation in effect at the time stated the active duty rank and pay grade at the time of separation would be entered in items 3a and 3b of the DD Form 214, respectively.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show he held the rank of SP4/E-4 at the time of REFRAD was carefully considered and determined to lack merit.
2. Although evidence shows he was advanced to SP4/E-4 while serving in the USAR following his REFRAD, his record contains no evidence and he has failed to provide evidence showing he was advanced to SP4/E-4 during the period of active duty service covered by his DD Form 214.
3. In the absence of evidence to the contrary, the entries in items 3a and 3b of the applicant's DD Form 214 are presumed to be correct. He has the burden of proving an error or injustice occurred by a preponderance of the evidence.
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) AR20100029248
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110013415
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150002553
Application for correction of military records (with supporting documents provided, if any). He states his rank was SP4/E-4 at the time of his release from active duty. The applicants records are not available for the Board to review; however, there is sufficient evidence provided by the applicant to address his request.
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 | CY2014 | 20140012896
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. His DD Form 214 shows he completed 3 years of active service and he had 4 days of lost time from 27 July to 30 July 1964. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings...
ARMY | BCMR | CY2009 | 20090018301
IN THE CASE OF: BOARD DATE: 27 April 2010 DOCKET NUMBER: AR20090018301 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant contends his DD Form 214 should be corrected to show his rank/grade as PFC/E-3 and that he should have been paid for his accrued leave based on this rank/grade. The evidence of record shows the applicant was appointed to the permanent rank/grade of PFC/E-3 on 17 February 1965.
ARMY | BCMR | CY2010 | 20100018600
The applicant requests correction of his 18 October 1965 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in items: * 3a (Grade, Rate or Rank) and 3b (Date of Rank) he was promoted to specialist four (SP4)/E-4 * 10a (Highest Civilian Education Level Attained) he completed general equivalency development (GED) courses at Fort Eustis, VA * 12 (Last Duty Assignment and Major Command) his last duty assignment was the 1099th Transportation Company * 13b...
ARMY | BCMR | CY2012 | 20120011907
Application for correction of military records (with supporting documents provided, if any). Following MOS training and an assignment to Fort Leonard Wood, MO, he served in Vietnam from on or about 11 September 1965 to 10 September 1966. The governing regulation provides that the DD Form 214 will show the active duty rank and pay grade at the time of the Soldier's separation.
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 | CY2014 | 20140005575
The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. The evidence of record shows the applicant served on active duty from 4 October 1954 to 24 September 1957.
ARMY | BCMR | CY2008 | 20080004675
The applicant requests, in effect, that Item 3a (Grade, Rate or Rank) of his separation document (DD Form 214) be corrected to show specialist (SP4), E-4 instead of private first class permanent, PFC (P) (E-3). 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. _ _______...
ARMY | BCMR | CY2014 | 20140009876
The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. _____________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.