IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130019326
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 that his rank on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed.
2. The applicant states he would like for his rank on his DD Form 214 to be administratively updated to reflect specialist five, the rank associated with pay grade E-5 based upon a regulatory change, dated 28 September 1959. He states that specialist five is the rank shown on his U.S. Army Reserve (USAR) discharge.
3. The applicant provides:
* DD Form 214
* Honorable Discharge Certificate
* Department of Veterans Affairs (VA) Form 21-4138 (Statement of Support of Claim)
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 show he enlisted in the Regular Army on 20 April 1954 for a period of 3 years.
3. He was honorably released from active duty on 29 March 1957 and transferred to the USAR. Item 3a (Grade Rate or Rank) of his DD Form 214 shows his rank as "Sp 2 (T)."
4. On 31 March 1962, he was honorably discharged from the Army of the United States. His Honorable Discharge Certificate shows his rank as "SP5."
5. The enlisted grade structure of the Army during the period 1 July 1955 to 31 May 1958 listed pay grade E-5 as "sergeant" or "specialist 2." Effective 1 June 1958 it listed pay grade E-5 as "sergeant" or "specialist 5."
6. Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It states the DD Form 214 is a summary of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active and prior inactive duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were noted. However, they are not sufficient for granting his request.
2. The rank of specialist five was not a part of the Army rank structure at the time of his release from active duty. Based upon regulatory policy in effect at the time, the rank shown on his DD Form 214 at the time of his release from active duty was and still is correct.
3. For historical purposes, the Army has an interest in maintaining the accuracy 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. There is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to have his military records changed to reflect the change he requested, however, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
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) AR20130019326
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ABCMR Record of Proceedings (cont) AR20130019326
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