IN THE CASE OF:
BOARD DATE: 28 January 2014
DOCKET NUMBER: AR20130007006
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 niece and legal representative of a deceased former service member (FSM), requests correction of her aunt's pay grade and date of birth (DOB) on her DD Form 214 (Report of Separation from Active Duty).
2. The applicant states:
* the DD Form 214 possesses an incorrect pay grade; the FSM was promoted to colonel (COL)/O-6 on 9 June 1975
* the DOB information is also incorrect; her DOB was 11 June 1924 instead of 24 June 1924
3. The applicant provides:
* DA Form 3713 (Data for Retired Pay), dated 4 September 1975
* Letter issued by the U.S. Army Reserve (USAR) Components Personnel and Administration Center, St., Louis, Mo, subject: Promotion as a Reserve Commissioned Officer of the Army Under Title 10 of the U.S. Code, dated 25 April 1975
* DD Form 2 (Retired) (U.S. Uniformed Services Identification Card) issued on 30 April 1977
* Record of Birth, dated 7 November 1986
* Certificate of Death, dated 7 March 2013
* Durable Power of Attorney, dated 18 January 2011
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The FSM was appointed as a second lieutenant in the USAR in the Army Nurse Corps on 10 September 1955 and she entered active duty.
2. Her DD Form 398 (Statement of Personal History), dated 7 February 1968, shows her DOB as 11 June 1924.
3. She was promoted to lieutenant colonel (LTC)/O-5 on 24 September 1968.
4. The applicant provides a letter to the FSM, dated 25 April 1975, that promoted the FSM to COL/O-6, effective 9 June 1975.
5. The FSM's record contains:
a. Letter Orders Number S7-600, issued by the U.S. Army Military Personnel Center, Alexandria, VA, subject: Retirement, dated 29 July 1975, show the FSM was retired from active service in the rank of LTC and placed on the retired list effective 1 November 1975.
b. Letter Orders Number S9-64, issued by the same headquarters, dated
4 September 1975, show the FSM's retirement orders were amended to show her retired rank and permanent Reserve rank as COL.
6. The applicant provides the FSM's DA Form 3713 that shows the FSM's:
* active duty grade as LTC
* retired rank as COL
7. The FSM's DD Form 214 shows in:
* Item 4 (DOB) the entry "24 06 24" (24 June 1924)
* Item 6a (Grade, Rate, or Rank) the entry "LTC"
* Item 6b (Pay Grade) the entry "O-5"
* Item 7 (Date of Rank) the entry "68 09 24" (24 September 1968)
8. The FSM died on 2 March 2013.
9. The applicant provides the FSM's Record of Birth that shows she was born on 11 June 1924.
10. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It stated for:
a. item 4, enter date in order shown on DD Form 214, using all numerals; e.g., 73 for year, 01 for January.
b. items 6a and b, enter rank and pay grade at time of separation.
c. item 7, enter date of rank for rank shown in Item 6a. Date will be recorded in order shown on DD Form 214, using all numerals.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the FSM was born on 11 June 1924 and the FSM's DD Form 398 supports this contention. Therefore, it would be appropriate to correct item 4 of the FSM's DD Form 214 to show her DOB as 11 January 1924.
2. The applicant also contends the FSM's DD Form 214 possesses an incorrect pay grade and she provides a promotion letter, dated 25 April 1975, that shows the FSM was promoted to COL effective 9 June 1975. However, that was a USAR promotion, not an active duty promotion.
3. Evidence shows the FSM was promoted to COL in the USAR, but she had never been promoted to COL in her active duty status. Although she was placed on the retired list in the highest grade held of COL, her DA Form 3713 shows her active duty grade was LTC. There is no evidence the FSM serve on active duty in the rank of COL; therefore, there is insufficient evidentiary basis for granting this portion of the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 4 of the FSM's DD Form 214 the current entry and replacing it with the entry "24 06 11.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending the FSM's pay grade on her DD Form 214.
_______ _ 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) AR20130007006
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ABCMR Record of Proceedings (cont) AR20130007006
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