IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130007561
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 1973 DD Form 214 (Report of Transfer or Discharge) to show his rank as first sergeant (1SG).
2. The applicant states his U.S. Army Reserve (USAR) rank of 1SG was never added to his DD Form 214.
3. The applicant provides copies of his DD Form 214 and orders, dated
21 March 1973.
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 DD Form 214 shows he had 8 years and 27 days of prior service when he enlisted in the Regular Army on 24 January 1967.
3. He served for 6 years and was discharged as a staff sergeant (pay grade E-6) on 23 January 1973. His DD Form 214 shows his rank as staff sergeant. He enlisted in the USAR the next day. He was promoted to sergeant first class (pay grade E-7) in July 1972 and to 1SG (pay grade E-8) in October 1975.
4. Headquarters, Fifth U.S. Army, Orders 55-146, dated 21 March 1977 show the applicant, then a USAR 1SG, was discharged to reenlist for his own vacancy.
5. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers separation from the Army. It states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
Each DD Form 214 is a summary of a specific period of active service. It is not intended to reflect changes that occur after that period of active service. His 1973 DD Form 214 correctly shows his rank as staff sergeant.
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) AR20130007561
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ABCMR Record of Proceedings (cont) AR20130007561
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