IN THE CASE OF:	   

		BOARD DATE:	  12 February 2014

		DOCKET NUMBER:  AR20130009457 


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 Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 27 January 1958, to show his rank as specialist five (SP5) vice specialist two (SP2). 

2.  The applicant states the error is possible due to a typographical error. 

3.  The applicant provides:

* DD Form 214, ending on 27 January 1958
* Special Orders (SO) Number 5, dated 8 January 1958
* Discharge from the U.S. Army Reserve (USAR) Letter Orders S01-2554, dated 28 December 1962
* Honorable Discharge Certificate, dated 31 December 1962

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 military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 28 January 1955.  His grade, rate, or rank at time of entry into current active service is shown as private (PVT)/E-1. 

4.  This form also shows at the time of his separation he held military occupational specialty 282.10 (Radar Repairman) and his last assignment prior to separation was at the U.S. Army White Sands Signal Agency, White Sands Proving Ground, NM. 

5.  On 8 January 1958, Headquarters, U.S. Army White Sands Signal Agency, White Sands Proving Ground, NM, published SO Number 5 ordering his release from active duty effective 27 January 1958 by reason of completion of his required active service.  The orders listed his rank as "SP2."

6.  He was honorably separated at Fort Bliss, TX, on 27 January 1958 and he was transferred to the USAR California Military District to complete his remaining service obligation.  His DD Form 214 shows in: 

* Item 3a (Grade, Rate, Rank) the entry "SP2 (T) (Temporary) see item 32 (Remarks)
* Item 3b (Date of Rank), 25 April 1957 
* Item 32, the entry Pvt-2 (P) (Permanent), 28 May 1955

7.  Letter Orders S01-2554, issued by Headquarters, U.S. Army Corps, Presidio of San Francisco, CA on 28 December 1962 ordered his honorable discharge from the USAR effective 31 December 1962.  He was also issued an Honorable Discharge Certificate on 31 December 1962.  Both his USAR discharge orders and the Honorable Discharge Certificate listed his rank as SP5. 

8.  Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation.

9.  The Enlisted Grade Structure in the Army has changed several times since 1942.  Prior to 1 September 1942, the Army followed the following enlisted grade structure:

* Grade 1	Master Sergeant (M/Sgt)
* Grade 2	Technical Sergeant and First Sergeant (T/Sgt & 1st Sgt)
* Grade 3	Staff Sergeant and Technician 3rd Grade (S/Sgt & Tec 3rd Gr)
* Grade 4	Sergeant and Technician 4th Grade (Sgt & 4th Gr)
* Grade 5	Corporal and Technician 5th Grade (Cpl & Tech 5th Gr)
* Grade 6	Private First Class (Pvt 1st Class)
* Grade 7	Private (Pvt)

10.  There were other changes on 1 September 1942, 1 August 1948, 1 October 1949, and on 21 January 1951; however, they are not applicable in the applicant's case.  During the period 1 July 1955 to 31 May 1958, the Army followed the following enlisted grade structure:

* Pay Grade E-7, Master Sergeant (M/Sgt)/Master Specialist (MSP)
* Pay Grade E-6, Sergeant First Class (SFC)/Specialist First Class (SP1)
* Pay Grade E-5, Sergeant (Sgt)/Specialist Second Class (SP2)
* Pay Grade E-4, Corporal (Cpl)/Specialist Third Class (SP3)
* Pay Grade E-3, Private First Class (PFC)
* Pay Grade E-2, Private/E-2
* Pay Grade E-1, Private E-1

11.  On 1 June 1958, the Army changed the enlisted rank structure as follows:

* E-9	Sergeant Major (Specialist Nine)
* E-8	First/Master Sergeant (Specialist Eight
* E-7	Sergeant First Class/Platoon Sgt (Specialist Seven)
* E-6	Staff Sergeant (Specialist Six)
* E-5	Sergeant (Specialist Five)
* E-4	Corporal or Specialist Four
* E-3	Private First Class
* E-2	Private
* E-1	Private or Recruit



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served on active duty from 28 January 1955 to 27 January 1958.  During his period of active service, the Army used the designation of "SP2" for Soldiers holding the pay grade of E-5.  When his DD Form 214 was processed, it reflected the conditions and circumstances that existed at the time the form was created.  

2.  He served in the USAR from January 1958 to December 1962.  By then, the Army has changed its rank structure and adopted different designations for each rank.  At the time of his discharge from the USAR in December 1962, the Army used the designation of "SP5" for Soldiers holding the pay grade of E-5.  When his USAR discharge order and Honorable Discharge Certificate were processed, they both reflected the conditions and circumstances that existed at the time these forms were created.

3.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.

4.  While it is understandable the applicant desires to now record a different rank designation for the same pay grade in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.  Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant him relief in this case.

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)                                         AR20130009457





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ABCMR Record of Proceedings (cont)                                         AR20130009457



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