BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130008385 


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, in effect:

	a.  his enlistment/induction date be corrected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

	b.  his rank be changed from specialist four (SP4)/E-4 to sergeant (SGT)/E-5 on his Certification of Military Service. 

2.  The applicant states:

* he wants his enlistment date corrected on his DD Form 214
* his rank should be changed from E-4 to E-5 on his Certification of Military Service
* he had active service duty from 1970 to 1973

3.  The applicant provides:

* DD Form 214 for the period ending 21 June 1970
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 15 June 1973
* Page 2 of a Promotion Standing List to the Grade of E-5, dated
30 December 1971


* DD Form 1299 (Application for Shipment of Household Goods), dated 
26 January 1972
* Certification of Military Service, dated 10 July 2001

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 was inducted into the Army of the United States on 16 June 1970.  On 21 June 1970, he was honorably discharged for the purpose of enlisting in the Regular Army (RA).  Item 10c (Date Inducted) of his DD Form 214 shows the entry "16 Jun 70" (16 June 1970).

3.  His record contains a DD Form 4 (Enlistment Contract – Armed Forces of the United States), that shows he enlisted in the RA on 22 June 1970 for a period of 3 years.

4.  Special Orders Number 144, issued by Headquarters, U.S. Army Support Command, Da Nang, dated 24 May 1971, show he was appointed/promoted to SP4/E-4 effective 15 May 1971.

5.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was appointed to the permanent rank/grade of SP4/E-4 with a date of rank of 15 May 1971.

6.  He provides a promotion standing list to the grade of E-5, dated 30 December 1971, that includes his name.

7.  There is no evidence that shows he was actually promoted to SGT/E-5.

8.  The available records do not contain a DD Form 214 covering this period of service.  However, he provides a Certification of Military Service, dated 10 July 


2001, that shows he was a member of the Regular Army from 22 June 1970 to 28 January 1972.  He was honorably released from active duty in the rank of "specialist fourth class."

9.  His record further contains a DD Form 4 that shows he enlisted in the California Army National Guard (CAARNG) on 11 March 1972 for a period of
2 years in pay grade E-4.  Item 49 (Prior Service) of this form shows he had prior service in the:

* Regular Army from 16 June 1970 to 28 January 1972
* U.S. Army Reserve from 29 January 1972 to 10 March 1972

10.  On 15 June 1973, he was honorably discharged from CAARNG in pay grade E-4.

11.  His NGB Form 22 shows in:

* item 21 (Date and Place of Enlistment) the entry 11 March 1972
* item 7 (Date of Discharge) the entry 15 June 1973
* item 29 (Highest Grade Held) the entry E-4

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant requests his enlistment/induction date be corrected on his DD Form 214, evidence shows he was inducted on 16 June 1970 which is properly shown in item 10c of his DD Form 214.  Therefore, there is an insufficient evidentiary basis for amending his induction date on his DD Form 214.

2.  His request to change his rank from SP4/E-4 to SGT/E-5 on his Certification of Military Service was noted.  However, there is no evidence that shows he was promoted to SGT/E-5.  In the absence of promotion orders, the promotion standing list provided by the applicant is insufficient in itself to warrant correction of his Certification of Military Service.  Further, this document is not an Army record.  It is a National Archives and Records Administration Record; therefore, this Board has no authority to change it.

3.  Although he states he had active service duty from 1970 to 1973 his Regular Army separation orders and DD Form 214 are not available.  In the absence of evidence to the contrary it is presumed that his Certification of Military Service correctly shows he was separated from the Regular Army on 28 January 1972.  Further, his ARNG enlistment contract shows his Army service as ending on     28 January 1972.  It is possible the applicant is confusing his ARNG service with active duty service.  However, there is no evidence of record to show he served on active duty beyond 28 January 1972.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20130008385



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ABCMR Record of Proceedings (cont)                                         AR20130008385



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