BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120005676
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 rank listed in item 3 (Grade, Rate, Rank and Date of Appointment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states his discharge certificate has the correct rank of specialist four (SP4)/E-4.
3. The applicant provides a DD Form 256 A (Honorable Discharge Certificate) in support of his request.
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 record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicants records were lost or destroyed in that fire. This case is being considered using the applicants DD Form 214 and the document he submitted.
3. The applicants DD Form 214 shows he entered active duty on 26 November 1952, and served for 2 years and 9 months until being honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) on
25 August 1955. Item 3 shows he held the rank of Specialist 3 (SP-3), which he had attained on 20 January 1954, on the date of his REFRAD.
4. The applicant provides a DD Form 256 A, dated 31 October 1960, which was issued to him upon his honorable discharge from the USAR. This document lists his rank as specialist four (SP4)/E-4.
5. Army Regulation 615-15, dated 2 July 1954, announced a new grade structure effective 1 March 1955. The new titles were:
E7 - Master Sergeant (First Sergeant was an occupational title) and Master Specialist
E6 - Sergeant 1st Class/Specialist 1st Class
E5 - Sergeant/Specialist 2d Class
E4 - Corporal/Specialist 3d Class
E3 - Private First Class
E2 - Private E2
E1 - Private E1
6. Department of the Army Message 344303, dated June 1958, added grades E-8 and E-9, and announced a change in the enlisted rank structure as follows:
E9 - Sergeant Major/Specialist Nine
E8.- First Sergeant/Master Sergeant/Specialist Eight
E7 - Platoon Sergeant/Sergeant First Class/Specialist Seven
E6 - Staff Sergeant/Specialist Six
E5 Sergeant/Specialist Five
E4 Corporal/Specialist Four
E3 - Private First Class
E2 Private E-2
E1 Private E-1
DISCUSSION AND CONCLUSIONS:
1. The applicants request to change the rank title in item 3 of his DD Form 214 has been carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence confirms the Armys rank structure at the time of the applicants REFRAD on 25 August 1955 included the rank SP-3 for members in the pay grade of E-4 which was the applicants grade on the date of his separation from active duty on 25 August 1955. The rank structure changed in 1958 and showed that members in the pay grade of E-4 held the rank title of SP4 which is the rank title the applicant held at the time of his discharge from the USAR in 1960. As a result, the DD Form 214 issued to the applicant at the time of his REFRAD properly reflects his rank title at that time. As a result, there is an insufficient evidentiary basis to support the requested relief.
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) AR20120005676
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120005676
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100016764
Item 3 of the DD Form 214 shows the grade held at the time of separation. The evidence of record shows the applicant served on active duty from 29 August 1952 through 29 August 1955. _______ _ _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.
ARMY | BCMR | CY2014 | 20140005575
The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. The evidence of record shows the applicant served on active duty from 4 October 1954 to 24 September 1957.
ARMY | BCMR | CY2014 | 20140009876
The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. _____________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.
ARMY | BCMR | CY2007 | 20070009465
The applicant requests, in effect, correction of his records to show that he reenlisted on 13 January 1950 in the grade of Technician 5th Grade instead of private first class (PFC)/pay grade E-3, as reflected in his personnel record. The applicant contends that he is entitled to correction of his records to show that he reenlisted on 13 January 1950 in the grade of Technician 5th Grade instead of private first class (PFC)/pay grade E-3, as reflected on his personnel record. Evidence of...
ARMY | BCMR | CY2012 | 20120006291
He states the following new facts are not reflected in his Army Board for Correction of Military Records (ABCMR) Record of Proceeding nor are they reflected in his military records (DA Form 24 (Service Record) and DD Form 214): a. He provides his DA Form 24, prepared on 22 January 1962, for the period 28 October 1955 to 26 October 1957; and his DA Form 20. His record contains: * DA Form 24 for the period 28 October 1955 to 25 October 1957 which shows he was promoted to SP3 (T) on 24 May...
ARMY | BCMR | CY2013 | 20130017114
The applicant provides his Honorable Discharge Certificate and DD Form 214. 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. As a result, the Board recommends denial of so much of the application that pertains correcting...
ARMY | BCMR | CY2013 | 20130009457
The applicant provides: * DD Form 214, ending on 27 January 1958 * Special Orders (SO) Number 5, dated 8 January 1958 * Discharge from the U.S. Army Reserve (USAR) Letter Orders S01-2554, dated 28 December 1962 * Honorable Discharge Certificate, dated 31 December 1962 CONSIDERATION OF EVIDENCE: 1. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2006 | 20060012320C071029
The applicant’s record shows that he was inducted into the Army of the United States on 27 October 1955. The applicant was honorably released from active duty on 25 October 1957, in the rank and pay grade, Specialist Third Class (T), under the provision of Army Regulation (AR) 635-200, at the expiration of his term of service. As a result, the Board recommends that all Department of the Army records of the individual be corrected by: a. correcting the service number prefix on his Honorable...
ARMY | BCMR | CY2011 | 20110008660
The applicant requests that all of his records be corrected to show he retired in the rank title of sergeant first class. The evidence of record shows that this was the rank and grade he held upon his retirement. The applicant has provided no evidence that there is an error in his official record that can be corrected.
ARMY | BCMR | CY2009 | 20090016291
This form also shows his rank as Specialist 2 (T) [temporary] with a date of rank of 19 December 1955. A copy of a noncommissioned officer (NCO)/specialist program appointment letter, dated 13 March 1957, states the applicant's personnel records indicated he converted to a specialist status on or about 1 July 1955; however, there was no record of his acceptance or declination of the rank designation. The applicant also states that he does not know what rank a SP5 is.