BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130017114
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 specialist four (SP4) vice specialist third class (SP3).
2. The applicant states his DD Form 214 shows he was an E-3; however, he was promoted to E-4 about a year before he was discharged. He needs his records corrected so that his headstone will reflect his correct rank/grade at the time of his funeral.
3. The applicant provides his Honorable Discharge Certificate and 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 complete 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 destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him 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 22 July 1954 and served in military occupational specialty 960.00 (Intelligence Clerk). He was honorably released from active duty on 5 July 1957 and transferred to the U.S. Army Reserve (USAR). His terminal date of Reserve obligation was listed as 21 July 1957. Additionally, his rank was listed as SP3 (T) [temporary].
4. He provided his Honorable Discharge Certificate which shows he was honorably discharged from the Army of the United States on 1 June 1962. His certificate shows he served in the USAR and held the rank of SP4.
5. The Enlisted Grade Structure in the Army has changed several times since 1942.
a. Prior to 1 September 1942, the Army followed the following enlisted grade structure:
* 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)
b. 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-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
c. On 1 June 1958, the Army changed the enlisted rank structure as follows:
* E-4 Corporal/Specialist Four (SP4)
* E-3 Private First Class
* E-2 Private
* E-1 Private or Recruit
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served on active duty from
22 July 1954 to 3 July 1957. During his period of active service, the Army used the designation of "SP3" for Soldiers holding the pay grade of E-4. When his DD Form 214 was processed, it reflected the conditions and circumstances that existed at the time the form was created.
2. It appears that he served in the USAR from 4 July 1957 to 1 June 1962. By then, the Army had changed its rank structure and adopted different designations for each rank. At the time of his discharge from the USAR in June 1962, the Army used the designation of "SP4" for Soldiers holding the pay grade of E-4. When his USAR Honorable Discharge Certificate was processed, it reflected the conditions and circumstances that existed at the time the form was 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 of issuance. Nevertheless, there is no harm in showing that he held the temporary rank/grade of SP3/E-4 in item 3a of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X_____ ___X_____ __X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 3a of his DD Form 214 to read "SP3 (T)/E-4."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains correcting his DD Form 214 to show his rank as SP4.
_______ _ 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) AR20130017114
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