IN THE CASE OF:
BOARD DATE: 21 August 2014
DOCKET NUMBER: AR20140001293
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 record to show his rank and grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4.
2. The applicant states:
a. he was promoted to SGT while serving in the Hawaii Army National Guard (HIARNG) prior to being activated and sent to Vietnam;
b. during a burial benefits briefing in 2011, he learned his headstone will show the rank of SP4 as it is listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge);
c. when searching the few remaining military records in his possession, he was unable to find any verifiable documents to show he was promoted to SGT, but he did locate a photograph which included his commander and himself wearing the rank of SGT;
d. according to HIARNG officials, there are no documents on file that show he was promoted to SGT; and
e. favorable consideration should be given to his request as it will not result in any monetary gain but simply correct an administrative error.
3. The applicant provides:
* Self-authored statement
* DD Forms 214 issued on 27 July 1966 and 12 December 1969
* NGB Form 22 (National Guard Bureau Report of Separation and Record of Service in the Army National Guard (ARNG) of Hawaii)
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 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 that the applicant's records were lost or destroyed in that fire. This applicant's two DD Forms 214 and NGB Form 22 are the primary documents used in this case.
3. On 10 January 1966, the applicant initially enlisted in the HIARNG. On 19 February 1966, he was ordered to active duty training (ADT) and upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).
4. On 27 July 1966, he was released from ADT and transferred to HIARNG. This DD Form 214 shows he held the rank of private (PVT)/E-2.
5. On 13 May 1968, he was ordered to active duty as a member of the ARNG. He was promoted to SP4/E-4 on 15 April 1969, and honorably released from active duty on 12 December 1969.
6. The DD Form 214 issued to the applicant on 12 December 1969 confirms he completed 1 year and 7 months of active service for the period it covered, of which 6 months and 3 days was foreign service performed in Vietnam. It also shows he held the rank and grade of SP4/E-4.
7. On 7 February 1970, the applicant was honorably discharged from the HIARNG and transferred to the U.S. Army Reserve. The NGB Form 22 he was issued shows in item 3 (Grade) "SP4" and in item 29 (Highest Grade Held) "SP4."
8. 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 contained item-by-item instructions for completing the DD Form 214 in Section II. These instructions indicated that the active duty grade of rank and pay grade at the time of separation will be entered in on this document.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show he held the rank and grade of SGT/E-5 at the time of his release from active duty and the HIARNG. There is insufficient evidence to support this claim.
2. The evidence of record shows the applicant was last promoted to SP4/E-4 on 15 April 1969 and this was the rank and pay grade he held on the date of his REFRAD and separation from the HIARNG, as evidenced by his final DD Form 214 and NGB Form 22. In the absence of an official promotion order or any document showing he held a higher grade at the time of his REFRAD and discharge from the HIARNG, there is insufficient evidence to corroborate the applicant's claim.
3. In view of the foregoing, there is no basis for granting the applicant's 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) AR20140001293
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ABCMR Record of Proceedings (cont) AR20140001293
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