IN THE CASE OF:
BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120007063
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, the son of a deceased former service member (FSM), requests correction of his father's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the rank of sergeant (SGT) vice corporal (CPL).
2. The applicant states he would like the correction so the proper burial stone can be placed at his father's grave. His father's DD Form 214 doesn't reflect his years of service in the U.S. Army Reserve (USAR) or that he was promoted to SGT.
3. The applicant provides the FSM's DD Form 214, three certificates, three letters, and 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 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 FSM's 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 the FSM's records were lost or destroyed in that fire. However, the applicant provided the FSM's DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The FSM's DD Form 214 shows he was inducted into the Army of the United States and entered active service on 10 July 1953 at Newark, NJ. He held military occupational specialty 812 (Pole Lineman Instructor). He was promoted to the rank of CPL (Temporary (T)) on 24 November 1954.
4. He was honorably released from active duty on 3 June 1955 at Camp Gordon, GA, and transferred to the USAR. He completed 1 year, 10 months, and 24 days of creditable active service.
5. Item 3 (Grade-Rate-Rank and Date of Appointment) of the DD Form 214 the FSM was issued contains the entry "CPL (T) - 24 November 1954."
6. The applicant provides an Honorable Discharge Certificate, dated 30 June 1961, wherein it shows the FSM was discharged from the USAR on that date in the rank of SGT.
7. 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. It states the DD Form 214 is a synopsis 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the FSM held the rank of CPL at the time he was released from active duty on 3 June 1955, which is correctly shown on his DD Form 214. The DD Form 214 is a record of the Soldier's most recent period of continuous active duty service. It does not reflect service in the USAR. There are no provisions for correcting the DD Form 214 to show a rank a Soldier held after he was released from active duty. Therefore, the applicant is not entitled to 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.
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ABCMR Record of Proceedings (cont) AR20120007063
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