IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001545
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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) pertaining to her deceased spouse, a former service member (FSM), be corrected to show he was separated in the rank of sergeant (SGT).
2. The applicant states the FSM was promoted to the rank of SGT and still had that rank when he was discharged. Accordingly, she desires to have the FSMs DD Form 214 corrected to show his rank as SGT.
3. The applicant provides copies of the FSMs DD Form 214, discharge orders, promotion certificate, discharge certificate, and death certificate.
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted in the U.S. Army Reserve (USAR) on 25 July 1961 for a period of 6 years. He was ordered to active duty training (ACDUTRA) on
25 August 1961 and was transferred to Fort Polk, Louisiana to undergo his basic training. He completed his basic training and was transferred to Fort Leonard Wood, Missouri to undergo his advanced individual training as a cook.
2. He was promoted to the pay grade of E-2 on 25 November 1961. On
31 January 1962, he was honorably released from ACDUTRA and was transferred to his USAR unit.
3. He continued to serve in the USAR and was promoted to SGT on 31 May 1966.
4. On 30 June 1967, he was honorably discharged from the USAR in the rank of SGT and was issued discharge orders and a discharge certificate.
5. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the DD Form 214 will be issued upon separation from active duty and will reflect information that is in effect at the time of separation. Events that occur subsequent to the date of separation, such as promotions and awards, will not be entered retroactively on that form.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the FSMs DD Form 214 dated 31 January 1962 should be corrected to show he was promoted to the rank of SGT on
31 May 1966 has been noted.
2. The only DD Form 214 on file for the FSM is dated 31 January 1962, and it correctly shows that he was serving in the rank of private E-2 at the time of his REFRAD.
3. The regulation governing the preparation of the DD Form 214 provides that the DD Form 214 will be prepared to reflect information in effect at the time the DD Form 214 is prepared. Accordingly, the FSMs DD Form 214 was properly prepared.
4. Therefore, it appears that there is no error or injustice and no basis to grant the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20140001545
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ABCMR Record of Proceedings (cont) AR20140001545
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