BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130018206
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 two applications, correction of his record to show he held the rank of specialist four (SP4/E-4) instead of private first class
(PFC/E-3) on the date of his discharge.
2. The applicant states that although his final pay voucher dated 26 January 1973 shows he held the rank of SP4, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) listed his rank as PFC.
3. The applicant provides:
* National Personnel Records Center (NPRC) letter
* DD Form 256A (Honorable Discharge Certificate)
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 applicants record shows he was inducted into the Army of the United States on 27 January 1971, in the rank of private (PVT/E-1). He was trained in and awarded military occupational specialty (MOS) 94C (Meat Cutter).
3. His DA Form 20 (Enlisted Qualification Record) shows, in Item 33 (Appointments and Reductions), that he was promoted to the rank of private (PV2/E-2) on 27 May 1971 and to PFC/E-3 on 27 July 1971. It also contains a partially legible lined through entry which shows he was promoted to SP4/E-4 on 27 March or May 1972.
4. His record includes Headquarters, United States Army Personnel Center, Fort Jackson, South Carolina, Special Orders Number 18, dated 23 January 1973. These orders directed the applicants release from active duty (REFRAD) in the rank of PFC on 26 January 1973.
5. Accordingly, on 26 January 1973, the applicant was honorably REFRAD under the provisions of Section VI, Army Regulation 635-200, by reason of expiration of term of service. The DD Form 214 he was issued shows he completed a total of 2 years of creditable active military service and that he held the rank and pay grade of PFC/E-3 at that time.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicants discharge states that the grade held by the individual at the time of separation will be entered on the separation document.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his rank should be changed from PFC to SP4 because he held the rank of SP4 at the time of his discharge was carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence of record as indicated by the lined through entry contained in item 33 of the applicants DA Form 20 and as listed on his REFRAD order confirms he held the rank of PFC/E-3 at the time of his discharge. As a result, absent any documentary evidence confirming he held the rank of SP4 at the time of his REFRAD, there is an insufficient evidentiary basis to support granting 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) AR20130018206
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ABCMR Record of Proceedings (cont) AR20130018206
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