BOARD DATE: 26 June 2014
DOCKET NUMBER: AR20130019460
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 effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 15 April 1958 to show his rank as sergeant, pay grade E-5.
2. The applicant states he should have been discharged in the rank of sergeant. His first sergeant and company commander told him that nothing could be done about his mental condition after he returned from combat in Korea. He started drinking and was absent without leave (AWOL). This resulted in his demotion. He is now receiving service connected disability for post-traumatic stress disorder (PTSD).
3. The applicant provides a copy of his DD Form 214 ending in 1958.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, his DD Forms 214 are available for review and are sufficient to conduct a fair and impartial review of this specific request.
3. On 9 December 1952, the applicant was inducted into the Army of the United States. His most significant assignment was with the 155th Infantry Regiment at Camp Atterbury, Indiana. He was advanced to private, pay grade E-2 on 9 April 1953.
4. On 20 April 1953, the applicant was honorably discharged. On the following day he enlisted in the Regular Army.
5. On 13 April 1955, the applicant reenlisted for another 3 years. The applicant's DD Form 214 for his period of service ending on 12 April 1955 is not available for review.
6. On 15 April 1958, the applicant was honorably discharged in the rank of private, pay grade E-1. His DD Form 214 for this last period of active duty service indicates:
a. he entered this period of active duty in the rank of private, pay grade E-2;
b. he had 40 days of lost time;
c. his rank and pay grade were changed on 13 March 1958 to private, pay grade E-1; and
d. he had completed a total of 5 years, 2 months, and 27 days of creditable active service.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
8. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) paragraph 2-9 provides that the Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests, in effect, correction of his DD Form 214 ending on
15 April 1958 to show his rank as sergeant, pay grade E-5. He implies that he should have this rank because he was diagnosed with PTSD and is receiving service connected disability.
2. The available evidence clearly shows the last rank the applicant held was private, pay grade E-2. There is evidence of lost time and the applicant has admitted to having been reduced as a result of drinking and being AWOL.
3. The applicant's implied argument that his PTSD should mitigate the quality of his service has been considered. However, there is no available evidence supporting his contention.
4. In the absence of evidence to the contrary, it is presumed that what the Army did was correct.
5. In view of the above, the applicant's request should be denied.
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) AR20130019460
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