IN THE CASE OF:
BOARD DATE: 26 July 2012
DOCKET NUMBER: AR20120002011
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 the social security number (SSN), home of record (HOR), and rank on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states there is a "typo" in his SSN and he has resided at 7xx Columbus Ave., Apt 1C, New York City, NY 10025, for the past 34 years. He further states his rank was specialist five (SP5), not specialist four (SP4/E-4 as shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a social security card showing the first three digits as "117."
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 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 was inducted into the Army on 4 May 1966. He was immediately discharged to enlist in the Regular Army on 11 May 1966 for three years.
3. The applicant's record contains:
a. a DD Form 215 (Correction to DD Form 214) issued on 19 April 1990, corrected the SSN on his DD Form 214. This will not be further discussed in these proceedings. A copy of this DD Form 215 will be provided to him.
b. Special Orders Number 281, dated 26 December 1968, showing he received a temporary promotion to SP5.
c. a DD Form 47 (Record of Induction) showing his current address as
7xx Kelly Street, Bronx, NY 10455 which was lined through and replaced with the handwritten address of 8xx Riverside Dr., New York City 10032.
d. a DD Form 4 (Enlistment Record Armed Forces of the United States) shows his home address as 1xx-xx 35th Street, Corona, NY.
4. His DA Form 20 (Enlisted Qualification Record) shows in item 33 (Promotions and Reductions) that he was appointed to specialist four (SP4) (P) (indicating a permanent promotion) with a date of rank of 20 February 1968.
5. On 16 April 1969, he was honorably released from active duty. His
DD Form 214 shows in:
* item 5a (Grade) "SP5 (T)" (indicating a temporary promotion) "See 30"
* item 21 (Home of Record at time of Entry into Active Duty): 1xx-xx 35th Street, Corona (Bronx) New York 11369
* item 30 (Remarks) "Item 5A Date of Apt SP4 E-4 (P) 26 Dec 68"
6. Army Regulation 601-280 (Army Reenlistment Program) provides instructions for completing the DD Form 4. Item 3 (HOR) provides for: Regular Army - enter the street, city, state, and zip code of the HOR. HOR is the place recorded as the home of the Soldier when enlisted. The place recorded as the HOR for the Soldier when the Soldier reenlisted remains the same as that recorded when he enlisted unless there is a break in service of more than one full day. Only if a break in service exceeds one full day can the HOR be changed by the Soldier.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement or discharge. It provides that If the grade as shown in item 5 is not permanent, enter permanent grade, date of appointment, and date of rank if different from date of appointment.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant designated his HOR as
1xx-xx 35th Street, Corona, NY, when he initially enlisted. He did not have a break in service. Therefore, he was never authorized to change his HOR. That same address is shown on his DD Form 214.
2. His DD Form 214 clearly shows his rank at the time of his discharge was
SP5 (T). The entry in the remarks section shows his permanent grade as SP4. There is no available evidence showing he received a permanent promotion to SP5.
3. In view of the foregoing, the applicant's 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) AR20100016576
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