IN THE CASE OF:
BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110019342
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 Item 3 (Grade, Rate or Rank) his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was released from active duty (REFRAD) as a sergeant (E-5).
2. The applicant states he was promoted to pay grade E-5 shortly before his discharge from service.
3. The applicant provides a copy of his DD Form 214.
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 applicant was inducted into the Army on 21 August 1963. He completed training as a medical specialist. His DA Form 20 (Service Record) shows he was promoted to pay grade E-2 on 21 December 1963, to pay grade E-3 on 22 April 1964, and to pay grade E-4 on 7 June 1965.
3. The applicant was honorably REFRAD as an overseas returnee on 7 August 1965. Item 3 on his DD Form 214 shows his grade and rank as specialist four (E-4).
4. A review of the available records fails to reveal orders showing he was promoted to sergeant (E-5) prior to his REFRAD.
5. 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. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers 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.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted. His supporting evidence has been considered.
2. A review of the applicants records fails to reveal orders promoting him to sergeant (E-5) prior to his REFRAD. His records show he was REFRAD in the rank and pay grade of specialist four (E-4) on 7 August 1965 and this information is properly shown on his DD Form 214.
3. In accordance with the applicable regulation, the DD Form 214 is a synopsis of the Soldiers 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. He provides no evidence showing that the rank and grade shown on his DD Form 214 is incorrect.
4. In view of the foregoing, the applicants 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) AR20110019342
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ABCMR Record of Proceedings (cont) AR20110019342
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