IN THE CASE OF:
BOARD DATE: 23 October 2012
DOCKET NUMBER: AR20120007369
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 rank and pay grade listed in items 5a (Grade, Rate or Rank) and 5b (Pay Grade) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 May 1973.
2. The applicant states his rank and pay grade should be listed as staff sergeant (SSG)/E-6 on his DD Form 214.
3. The applicant provides his U.S. Army Reserve (USAR) 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 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 record shows the applicant entered active duty on 8 July 1969 and was trained in and awarded military occupational specialty (MOS) 94B (Cook).
3. On 21 May 1970, the applicant reenlisted in the Regular Army for 3 years. His DA Form 20 (Enlisted Qualification Record) shows he was promoted to specialist five (SP5)/E-5) on 6 August 1971 and that this was the highest grade he attained while serving on active duty.
4. On 14 May 1973, Headquarters, U.S. Army Personnel Center, Fort Dix, New Jersey, Special Orders Number 134 directed the applicant's release from active duty (REFRAD) and transfer to the USAR. The standard name line on these orders lists his rank and pay grade as SP5/E-5.
5. On 14 May 1973, the applicant was REFRAD after completing 3 years, 10 months, and 7 days of total active military service. The DD Form 214 he was issued at the time lists his rank and pay grade as SP5/E-5.
6. On 1 July 1975 while serving in a USAR troop program unit, the applicant was promoted to SSG/E-6.
7. On 7 July 1978, the applicant was honorably discharged from the USAR in the grade of SSG/E-6. His discharge orders lists his rank and pay grade as SSG/
E-6.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army It also establishes standardized policy for preparing and distributing the DD Form 214. It stipulates that the DD Form 214 is a summary of a specific period of active duty service. There are no provisions allowing for the addition of achievements accomplished subsequent to the period covered by a DD Form 214. The version of the regulation in effect at the time of the applicant's REFRAD stipulated that the DA Form 20 would be the source document for entries on the DD Form 214, including rank and pay grade.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his DD Form 214 based on his subsequent promotion in the USAR has been carefully considered. However, the governing regulation in effect at the time of the applicant's REFRAD provided for entering the rank and pay grade held on the date of separation. There were not and are not now any provisions allowing for alteration or correction of a DD Form 214 to enter accomplishments achieved subsequent to the active duty period covered.
2. In view of the foregoing, there is an insufficient evidentiary basis to support granting 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 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) AR20120007369
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ABCMR Record of Proceedings (cont) AR20120007369
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