IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120004804
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 Honorable Discharge Certificate to show his rank as corporal (CPL) instead of private first class (PFC).
2. The applicant states his original discharge certificate contains a typographical error.
3. The applicant provides:
* DD Form 214 (Report of Separation from the Armed Forces of the United States)
* Honorable Discharge Certificate, dated 31 January 1961
* an extract of his military separation data
* Special Orders Number 143, issued by the 7th Field Artillery Battalion, dated 8 October 1954
* a photograph of the applicant standing next to a vehicle, in uniform with corporal stripes, undated
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's complete 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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. On 12 February 1953, the applicant was inducted into the Army of the United States.
4. On 12 February 1955, he was honorably released from active duty at the expiration of his term of service (ETS) and transferred to the U.S. Army Reserve. Item 3 (Grade Rate Rank and Date of Appointment) of his DD Form 214 contains the entry "PFC (T) 20 JAN 55," meaning he was separated in the temporary rank of PFC, to which he was appointed on 20 January 1955.
5. He provides Special Orders Number 143, issued by the 7th Field Artillery Battalion, dated 8 October 1954, on which he is identified by the rank CPL.
6. 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 summary 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 release from active duty, retirement or discharge. The version in effect at the time stated that item 3 would document the grade in which the Soldier was serving at time of his/her separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his Honorable Discharge Certificate should be corrected to show his rank as CPL instead of PFC.
2. He submitted a special order that identifies him as a CPL; however, there is no evidence that shows he was serving as a CPL on either the effective date of his release from active duty or the effective date of his discharge.
3. Barring evidence to the contrary, the rank shown on his DD Form 214 and Honorable Discharge Certificate appears to be correct and there is no basis to amend either to show a different rank.
4. In view of the foregoing, there is an insufficient basis to grant relief in this case.
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) AR20110001786
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ABCMR Record of Proceedings (cont) AR20120004804
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