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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130005951
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2001 | 2001058520C070421
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 13 September 2001 DOCKET NUMBER: AR2001058520 The applicant requests correction of military records as stated in the application to the Board and as restated herein. Evidence of record shows that completion of the Southeastern Signal School is correctly annotated on his DD Form 214 in item 30.
ARMY | BCMR | CY2014 | 20140019569
His records contain the following: * DD Form 4 (Enlistment Record Armed Forces of the United States), dated 12 August 1963, which lists his DOB as "XX June 1946" and his eye color as "Hazel" * DD Form 398 (Statement of Personal History), dated 1 March 1964, which lists his DOB as "XX June 1946" and his eye color as "Hazel" * DA Form 41 (Record of Emergency Data), dated 6 July 1964, which lists his DOB as "XX June 1942" and does not list his eye color * DA Form 20 (Enlisted Qualification...
ARMY | BCMR | CY2013 | 20130002905
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his social security number (SSN) as 071-XX-XXXX * the color of his eyes as blue * his authorized awards 2. The available evidence also shows his SSN as 071-XX-XXXX. The applicant served on active duty from 28 July 1962 to 13 July 1965 during a qualifying period of service for award of the National Defense Service Medal.
ARMY | BCMR | CY2004 | 20040001288C070208
The applicant requests correction of his military records to show award of the Purple Heart. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart 1st Oak Leaf Cluster for wounds...
ARMY | BCMR | CY2008 | 20080006612
The applicant's military records are not available for review. Therefore, his records should be corrected to show that he was born on 27 April 1929 in Mesilla, New Mexico and that his eyes are brown. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in the appropriate items of his DD Form 214, that he was born on 27 April 1929 in Mesilla, New Mexico, and that his eyes are brown.
ARMY | BCMR | CY2009 | 20090012678
The applicant requests, in effect, correction of item 7c (Color Hair), item 7d (Color Eyes) and the Social Security Number (SSN) entry in item 32 (Remarks). He further states the fifth digit of his SSN is 2 and not 8, as is currently listed on his DD Form 214. A review of all of item 7 of the applicant's DD Form 214 reveals that there were no entries made in items 7a and 7b and that the entries in item 7c and 7d were incorrect.
ARMY | BCMR | CY1995 | 9508584C070209
On 19 April 1962, the applicants commander submitted a request recommending that the applicant be discharged under Army Regulation 635-209 for apathy, and that he be awarded a general discharge certificate. The applicants DD Form 214, which he signed, indicated that he was discharged on 10 May 1962, in pay grade E-1, under Army Regulation 635-209, paragraph 3b, with a general discharge certificate; that he had completed a total of 1 year, 3 months, and 27 days active military service;...
ARMY | BCMR | CY2008 | 20080014457
The applicant requests, in effect, that 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) be corrected to show that he was a staff sergeant (SSG)/E-6 at the time of his discharge from the Regular Army on 26 October 1953. The applicant's military records show that he enlisted in the Regular Army on 26 October 1950, and that he was honorably discharged after completing 3 years and 1 day of continuous active...
ARMY | BCMR | CY2010 | 20100026420
The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Army Commendation Ribbon with Metal Pendant [currently known as the Army Commendation Medal (ARCOM)]. He states that item 18 (Grade Rate or Rank at Time of Entry into Active Service) of his DD Form 214 lists his grade as private/pay grade E-1. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2010 | 20100014043
There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Army Good Conduct Medal. (2) The applicant served a qualifying period for award of the Korea Defense Service Medal from 4 August 1954 to 17 November 1955. Records show the applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.