IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110015678
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 certification of military service to show his rank/grade as sergeant (SGT)/E-5.
2. The applicant states the rank/grade on his certification of military service is listed as corporal (CPL)/E-4; however, his true rank at the time of discharge was SGT.
3. The applicant provides special orders and his certification of military service.
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 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 the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant's records show he served in the Regular Army from
28 December 1951 to 17 December 1954 and then later in the U.S. Army Reserve (USAR) for an undetermined period of time. He held military occupational specialty 1745 (Infantryman).
4. His records contain separation orders, dated 9 December 1945, issued by Headquarters, Presidio of San Francisco, CA. The orders show he was released from active duty in the rank/grade of CPL/E-4, and that he served on active duty for 2 years, 11 months, and 19 days. Additionally, his records contain a VA Form 3-3145 which characterize this period of service as honorable.
5. Records show the applicant served in the USAR; however, as there is no separation document available, it is unclear when this service began.
6. He provided special orders, dated 1 December 1959, issued by Headquarters, XVI U. S. Army Corps Reserve. These orders show he was discharged from the USAR in the rank/grade of SGT/E-5, effective 27 December 1959.
7. Special Regulation 615-360-1 (Separation of Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. Paragraph 13 of this regulation provided for the preparation of the DD Form 214. This paragraph provided, in pertinent part, that the grade in which the individual was serving at the time of separation, whether the grade was permanent or temporary, and the date of appointment would be entered in Item 3 of the
DD Form 214.
8. War Department Technical Manual 12-236 (Preparation of Separation Forms) and Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms. These regulations state, in pertinent part, that the purpose of the separation document is to provide the veteran with a separation certificate and a military or enlisted record and report of separation. The DD Form 214 is prepared for all Soldiers separated from active duty due to discharge, release from active duty or transfer to a Reserve Component, or retired. Item 3 of the DD Form 214 shows the grade held at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The certification of military service provided by the applicant is correct. It covers his period of active duty service. Evidence shows that at the time he was discharged from the Regular Army in 1954, he held the grade/rank of CPL/E-4.
2. Evidence shows the applicant served in the USAR; however, there is no enlistment contract or DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) available to accurately determine the correct period of service. Based on the foregoing, there is insufficient evidence to issue an additional certification of military service for the time he served in the USAR.
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) AR20110015678
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ABCMR Record of Proceedings (cont) AR20110015678
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