IN THE CASE OF:
BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130004684
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his rank and pay grade as specialist third class (SP3)/E-4 instead of private first class (PFC)/E-3.
2. He states his status was erroneously shown as PFC at the time of his honorable discharge.
3. He provides:
* Self-authored statement
* Memorandum
* Promotion orders
* Letter from the U.S. General Accounting Office
* DD Form 214
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 applicant's military records are not available to the Board. However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States (AUS) on 16 March 1954.
4. He provided a memorandum, subject: Promotion of Enlisted Man,
dated 20 June 1955, which indicates he was recommended for promotion to corporal/E-4. The memorandum also indicates the applicant was in a promotable status.
5. He provided Special Orders Number 241, dated 30 November 1955, published by Headquarters, 68th Antiaircraft Artillery Battalion, which indicates he was promoted in AUS grade SP3, effective 30 November 1955.
6. He was released from active duty on 26 January 1956. His DD Form 214 shows in:
a. item 3 (Grade-Rate-Rank and Date of Appointment) his grade as temporary rank of PFC with a date of rank (DOR) of 18 November 1954.
b. item 38 (Remarks) his permanent grade as private/E-2 with a DOR of 16 July 1954.
7. He provided a self-authored statement attesting:
* he served in the U.S. Army from 16 March 1954 to 26 January 1956 with an honorable discharge
* he previously requested his status be upgraded from PFC to SP3
* he's getting older and would like this matter resolved so those who are left behind will know the truth of his military status
8. He provided a letter, dated 24 November 1976, from the U.S. General Accounting Office, informing him that his request to get his records corrected to reflect his promotion from PFC to SP3 was not within their jurisdiction.
9. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that 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. The version in effect at the time directed that the grade in which enlisted personnel served at the time of separation would be entered in item 3.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a memorandum recommending him for promotion to corporal and Special Orders Number 241, dated 30 November 1955, which confirm he was promoted to SP3, effective 30 November 1955. However, his DD Form 214 shows his rank as temporary PFC with a DOR of 18 November 1954.
2. The memorandum recommending him for promotion and special orders are accepted as sufficient evidence to amend his DD Form 214 to reflect his rank as SP3 with a DOR of 30 November 1955.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "PFC (T) 18 Nov 54" from his DD Form 214 and replacing it with the entry "SP3 (T) 30 Nov 55."
_______ _ 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) AR20130004684
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