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ARMY | BCMR | CY2013 | 20130005951
Original file (20130005951.txt) Auto-classification: Denied

	

		BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130005951 


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 the following corrections of his DD Form 214 (Report of Separation from the Armed Forces of the United States):

* Item 3 (Grade, Rate, Rank, and Date of Appointment) to show his rank as staff sergeant (SSG)/pay grade E-6, and not sergeant (SGT)/pay 
grade E-5
* Item 12 (Description (Color Eyes)) to show his eye color as "Green" and not "Brown"

2.  The applicant states the rank and eye color shown on his DD Form 214 are incorrect.  

3.  The applicant provides copies of his DD Form 214 and Honorable Discharge Certificate.

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 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 the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record and the documents the applicant provided were sufficient for the Board to conduct a fair and impartial review of this case.

3.  The available evidence shows the applicant enlisted in the Regular Army on 1 August 1950, for 3 years.  On 6 February 1953, he voluntarily extended his enlistment by 1 year.  

4.  He was honorably discharged on 17 July 1954, prior to the expiration of his term of service.  He was credited with completing 3 years, 11 months, and 17 days of net active service and 2 years, 3 months, and 15 days of foreign service.

5.  His DD Form 214 shows in:

* Item 3 - SGT (T) (temporary), 23 October 1953
* Item 12 - his eye color as "Brown"

6.  His available records do not contain any other documents reflecting the color of his eyes.

7.  He was issued an Honorable Discharge Certificate which shows his rank as SGT.

8.  Army Regulation 635-5 (Separation Documents), dated 13 August 1963, specified that:

* Item 3 would list the grade held at the time of separation and date of appointment
* Item 12 stated entries would be listed from the enlisted record, if individual is not present, eye color would be shown as indicated in records





DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted; however, there is an insufficient evidentiary basis to support granting the requested relief.  There is no evidence of record available and he provided insufficient evidence to show he was serving in the rank of SSG at the time of his discharge on 17 July 1954.  Therefore, he is not entitled to correction of item 3 of his DD Form 214 to show his rank as SSG.

2.  He also contends that his eye color is "Green" and not "Brown" as shown on his DD Form 214; however, there is insufficient evidence to verify the exact color of his eyes.  Therefore, he is not entitled to correction of item 12 of his DD Form 214 to show his eye color as "Green."

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)                                         AR20130005951



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130005951



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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