IN THE CASE OF:
BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130012267
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 he was discharged in the rank/grade of specialist fourth class (SP4)/E-4 vice private first class (PFC)/E-3.
2. The applicant states he did not realize it was wrong but attributes the error to the fact that his social security number was also wrong for a period of time.
3. The applicant provides a copy of his DD Form 214 and DD Form 215 (Correction to 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 was inducted into the Army of the United States on 16 September 1966.
3. Unit Order Number 14, issued by Company C, 43rd Engineer Battalion (Construction), dated 14 April 1967, appointed the applicant to the permanent grade of PFC/E-3 on 14 April 1967.
4. Unit Order Number 77, issued by Headquarters Company, 6th Convalescent Center, dated 18 November 1967, appointed the applicant to the temporary grade of SP4/E-4 on 18 November 1967.
5. The applicant's DD Form 214 shows he was honorably released from active duty as an overseas returnee on 5 September 1968. He completed 1 year, 11 months, and 20 days of active service. It also shows in:
a. item 5a (Grade, Rate or Rank), SP4 (temporary);
b. item 5b (Pay Grade), E-4;
c. item 6 (Date of Rank (DOR)), 18 November 1967; and
d. item 30 (Remarks), "Item 5a: PFC (P) E-3 Appointed 14 April 1967."
6. Letter Orders Number 08-1321520, issued by the U.S. Army Reserve (USAR) Components Personnel and Administration Center, St. Louis, MO, dated 23 August 1972, show he was discharged from the USAR on 15 September 1972 in the rank/grade of SP4/E-4.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation from active duty.
a. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance for preparation of the DD Form 214.
b. It states that all available records would be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions for:
(1) item 5a stated to enter the grade in which serving at the time of separation, indicating whether permanent or temporary (e.g., SP4 (T));
(2) item 5b stated to enter the pay grade;
(3) item 6 stated to enter the DOR for the grade shown in item 5a; and
(4) item 30 stated the "Remarks" section would be used to complete entries too long for their respective items. Specifically, if the grade shown in item 5 was not permanent, enter the permanent grade, date of appointment, and date of rank; otherwise enter the date of appointment to the permanent grade.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was appointed to the rank of PFC/E-3 (permanent) on 14 April 1967 and he was subsequently appointed to the rank of SP4/E-4 (temporary) on 18 November 1967. The applicant's DD Form 214 properly shows his temporary rank, pay grade, DOR, and date of permanent appointment in items 5a, 5b, 6, and 30, respectively.
2. The DD Form 214 provides the individual with documentary evidence of his or her military service at the time of separation from active duty (emphasis added). Therefore, there is no basis for correcting the rank shown on his DD Form 214.
3. Letter Orders Number 08-1321520, dated 23 August 1972, serve as proof of the fact that he held the rank/grade of SP4/E-4 at the time of his discharge from the USAR. His DD Form 214 also shows he held the rank/grade of SP4/E-4 at the time of his release from active duty.
4. In light of the foregoing, he is not entitled to the 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) AR20130012267
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ABCMR Record of Proceedings (cont) AR20130012267
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