IN THE CASE OF:
BOARD DATE: 5 June 2012
DOCKET NUMBER: AR20110024402
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as sergeant (SGT).
2. The applicant states his DD Form 214 incorrectly reflects that he was released from active duty (REFRAD) in the rank of specialist five (SP5) instead of SGT. He states he is confident that it was simply a clerical error and he desires to have his records corrected for burial purposes.
3. The applicant provides copies of his DD Form 214, Honorable Discharge Certificate, and promotion 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 enlisted in the Regular Army on 8 July 1959 for a period of 3 years. He completed basic training at Fort Jackson, South Carolina, and advanced individual training as an armor intelligence specialist at Fort Knox, Kentucky. He was transferred to Germany on 24 November 1959.
3. He was promoted to the rank of SGT on 9 November 1961. He served in Germany until he was transferred to Fort Hamilton, New York, where he was honorably REFRAD on 21 June 1962 as an overseas returnee. His DD Form 214 issued at the time of his REFRAD shows he was REFRAD in the rank of SP5.
4. A review of his official records failed to show any evidence of the applicant having served in the rank of SP5 prior to his REFRAD.
5. On 30 June 1965, the applicant was honorably discharged from the U.S. Army Reserve in the rank of SGT.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect his rank as SGT instead of SP5 has been noted and found to have merit.
2. The applicant was promoted to the rank of SGT and served in that rank until he was REFRAD. However, it appears that his DD Form 214 was incorrectly prepared to reflect the rank of SP5 instead of SGT.
3. Accordingly, his DD Form 214 should be corrected at this time to reflect his rank as SGT.
BOARD VOTE:
___X____ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his rank as SGT.
_______ _ 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) AR20110024402
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110024402
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140002833
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was a high school graduate and he was serving in the rank of sergeant (SGT). However, his contention that he was promoted to the rank of SGT is not supported by the evidence of record or the evidence submitted by the applicant. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2011 | 20110023882
Although his records are not available for review, the applicant has provided two orders that clearly show that the last digit of his Service Number is an 8. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his Service Number in block 2 of his DD Form 214 as shown on his Special Orders number 174 dated 23 June 1959. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record...
ARMY | BCMR | CY2012 | 20120008283
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as sergeant (SGT) instead of specialist five (SP5). Special Orders Number 144, issued by Headquarters, III Corps, Fort Hood, dated 9 June 1971, released him from active duty (REFRAD), effective 17 June 1971, and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. _______ _ X ______...
ARMY | BCMR | CY2005 | 20050002591C070206
The applicant requests that his DD Form 214 be corrected to reflect that his rank is Staff Sergeant (SSG) E-6, that his date of birth (DOB) is 26 December 1923, and that his service connected conditions be updated on the Department of Veterans Affairs (VA) computer. His DD Form 214 indicates that he was REFRAD in the rank of SP5 and his DOB is listed as 21 November 1923. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2012 | 20120004317
The applicant's military records are not available for review. Although the applicant has not provided any explanation as to why he served under the DOB reflected on his DD Form 214, it is reasonable to presume that an administrative error occurred at the time of his enlistment that resulted in the date his birth was filed instead of the actual DOB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the DOB...
ARMY | BCMR | CY2011 | 20110020164
Item 2 (Service Number) shows his service number as RAXXXXX022. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal and SPS M-16 entries from item 24 of his DD Form 214; and c. adding to item 24 of his DD Form 214 the: * Meritorious Unit Commendation * Vietnam Service Medal with four bronze service stars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) *...
ARMY | BCMR | CY2004 | 2004100289C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his report of separation (DD Form 214) be corrected to reflect his correct rank, pay grade, awards and military occupational specialties (MOS). The evidence of record clearly shows that the applicant was serving in the rank and pay grade of SGT E-5, with a DOR of 1 May 2002, at the time of his REFRAD.
ARMY | BCMR | CY2010 | 20100011420
Application for correction of military records (with supporting documents provided, if any). The applicant contends his rank and grade should be corrected to show SP5/E-5 on his DD Form 214. The available evidence confirms the applicant was promoted to the rank and grade of SP5/E-5 effective 17 October 1969 in official orders that were published subsequent to his 26 October 1969 REFRAD.
ARMY | BCMR | CY2009 | 20090017959
The applicant, in effect, states he was laterally appointed from the rank of SP5 to the rank of SGT on 5 October 1969. As documentary evidence in support of this application, the applicant provides copies of * special orders, dated 5 October 1969 * a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 March 1970 * letter orders, dated 22 March 1972 * DD Form 256A (Honorable Discharge Certificate), dated 23 March 1972 CONSIDERATION OF...
ARMY | BCMR | CY2008 | 20080007304
The applicant requests that his total service and foreign service on his DD Form 214 dated 10 October 1958 be corrected. The applicants military records are not available to the Board for review. On 13 October 1955, while still in Fontenet, France, he reenlisted for a period of 3 years in the rank of SP3.