BOARD DATE: 11 March 2014
DOCKET NUMBER: AR20130011478
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 his rank be corrected to show specialist five (SP5) on his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. The applicant states:
* he was discharged as an SP5
* his active duty ended on 24 December 1955 and his Reserve duty ended on 19 July 1961
* his discharge was honorable
* he enlisted in the Army Security Agency
* his military occupational specialty (MOS) was 1704 (traffic analyst)
* he took basic training in Kentucky, he transferred to Fort Devens for schooling, he was then sent to Arlington Hall for 90 days temporary duty, and then sent overseas to Germany for 25 months
* he had a top secret security clearance
* he left active duty on Christmas Eve in 1955 as an SP5
* he was in the Reserves until July 1961 where he was honorably discharged as an SP5
3. The applicant provides:
* Honorable Discharge Certificate, dated 19 July 1961
* Certificate of Achievement
* DD Form 214
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 that the applicant's 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. His DD Form 214 shows he enlisted in the Regular Army on 14 January 1953 for a period of 3 years and his MOS was 982.00 (traffic analyst).
4. He provides a certificate of achievement, dated 12 October 1955, which shows his rank as specialist three (SP3).
5. Separation orders, dated 22 December 1955, show his rank as specialist two (SP2).
6. His DD Form 214 shows he was honorably released from active duty (REFRAD) on 24 December 1955.
7. Item 3 (Grade, Rate, Rank and Date of Appointment) of his DD Form 214 shows the entry "SP2 (T) (temporary) 15 OCT 55 (15 October 1955)."
8. On 19 July 1961, he was honorably discharged from the U.S. Army Reserve in the rank of SP5.
9. The Army's enlisted rank structure has evolved over time. A review of the enlisted rank/pay grade structure of the Army shows:
a. between 1 July 1955 to 31 May 1958, pay grade E-5 was a sergeant/SP2. There is no classification for SP5 during this time frame.
b. from 1 June 1958 to present, pay grade E-5 was a sergeant/SP5.
10. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant contends he left active duty on 24 December 1955 as an SP5, his separation orders (dated 22 December 1955) and DD Form 214 show his rank as SP2. In addition, there was no SP5 classification until 1 June 1958.
2. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his REFRAD. Since it appears he was appointed/promoted to SP5 after his REFRAD, there is no basis for amending his rank on his DD Form 214.
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) AR20130011478
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ABCMR Record of Proceedings (cont) AR20130011478
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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