IN THE CASE OF:
BOARD DATE: 2 January 2014
DOCKET NUMBER: AR20130008311
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as private first class (PFC)/E-3 vice private (PVT)/E-2.
2. The applicant states his rank at the time of his discharge was PFC but his DD Form 214 shows it as PVT/E-2.
3. The applicant provides his DD Form 214 and orders.
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 enlisted in the Regular Army on 3 October 1962 and he held military occupational specialty 11B (Light Weapons Infantryman). On 16 March 1963, he was assigned to the 1st Battalion, 504th Infantry Regiment, Fort Bragg, NC. On 25 January 1965, he was promoted to the rank of PFC.
3. On 15 June 1965, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for wrongfully using a military vehicle. The punishment imposed was reduction to PVT/E-2 and forfeiture of $50.00 pay for 1 month.
4. Special Orders (SO) Number 142, dated 22 June 1965, issued by Headquarters (HQ), 82nd Airborne Division, Fort Bragg, NC, reduced him to PVT/E-2 as a result of misconduct.
5. The applicant provides and his record contains SO Number 232, dated 29 September 1965, issued by HQ, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, releasing him from active duty on 4 October 1965. These orders show his rank as PFC/E-3.
6. His records also contain SO Number 238, dated 5 October 1965, issued by HQ, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, amending SO Number 232 to show the applicant's rank as PVT/E-2 vice PFC/E-3.
7. He was honorably released from active duty on 4 October 1965 and transferred to the U.S. Army Reserve.
8. Item 3a (Grade, Rate or Rank) of the DD Form 214 he was issued contains the entry PVT/E-2 and item 3b (Date of Rank) contains the entry 22 June 1965.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the version in effect at the time stated in item 3a of the DD Form 214 enter the grade or rank and pay grade at time of separation obtained from the Soldier's records (promotion or reduction orders).
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms that on 15 June 1965 the applicant received NJP under the provisions of Article 15, UCMJ, and the punishment imposed was reduction to PVT/E-2. The DD Form 214 he was issued correctly reflects his rank/grade as PVT/E-2, the rank he held at the time of his release from active duty.
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) AR20130008311
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ABCMR Record of Proceedings (cont) AR20130008311
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