IN THE CASE OF:
BOARD DATE: 6 November 2014
DOCKET NUMBER: AR20140004377
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 National Archives and Records Administration (NARA) Form 13038 (United States of America Certification of Military Service) to show his last grade, rank, or rating as specialist four (SP4).
2. The applicant states:
a. He was promoted to the rank of SP4 while serving in the 17th Signal Battalion, Germany. For some reason the orders apparently did not follow him to Fort Jackson, SC, prior to his discharge in 1958. His military service obligation was 14 March 1963, and his DD Form 256A (Honorable Discharge) shows he was discharged on 30 April 1963 in the rank of SP4.
b. He further states he worked hard, earned his promotion, and he is proud of his military service. It is a matter of pride for his family. An administrative error was made in which he had no control.
3. The applicant provides:
* DD Form 256A
* NARA Form 13038
* a letter
* DA Form 1270 (Transfer or Release to Reserve Component of the Army)
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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His record contains Special Orders Number 51, issued by U.S. Army Personnel Center, Fort Jackson, SC, dated 3 March 1958, which show he was released from active duty and transferred to the U.S. Army Reserve (USAR) on 5 March 1958, in the rank of specialist three (SP3).
4. His available record does not contain his DD Form 214 (Report of Separation from the Armed Forces of the United States); however, it does contain a Certification of Military Service from NARA. This document shows he served as a member of the Regular Army, during the period 15 March 1955 through 5 March 1958, at which time he was honorably released from active duty in the rank of SP3.
5. The applicant provides and his record contains a DA Form 1270 which shows the applicant was released from active duty on 5 March 1958 in the temporary rank of SP3 and transferred to the Army Reserve.
6. The applicant provides a copy of his DD Form 256A which show he was discharged on 30 April 1963, while a member of the USAR, in the rank of SP4.
7. Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service. The version in effect at the time stated the DD Form 214 would document the grade in which the Soldier was serving at time of his/her separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his NARA Form 13038 should be corrected to show his last grade, rank, or rating as SP4.
2. The DD Form 214 and to a lesser extent the NARA Form 13038 provide a summary of a Soldier's most recent period of continuous active duty. It provides a record of active duty service at the time of release from active duty, retirement, or discharge.
3. There is no evidence of record to corroborate his contention he was promoted to SP4 prior to his 1958 separation. The available evidence appears to show he was promoted to the rank of SP4 after he was released from active duty and while he was a member of the USAR. He apparently held this rank at the time of his discharge from the USAR in April 1963.
4. In light of the foregoing, he is not entitled to 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) AR20140004377
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140004377
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2001 | 2001066269C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2015 | 20150002574
He further requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his rank as specialist four (SP-4). The applicant provides copies of: * Certificate of Service Armed Forces of the United States * DD Form 214 * DA Form 1270 (Transfer or Release to Reserve Component of the Army) dated 26 October 1956 * Letter Orders, Headquarters, II U.S. Army Corps, dated 31 January 1963 * DD Form 256A, dated 31 January 1963 CONSIDERATION OF...
ARMY | BCMR | CY2010 | 20100007558
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090009238 on 3 December 2009. His DD Form 214 contains entries in the following items: * item 3 (Grade, Rate, or Rank and Date of Appointment) - SP3 (specialist three) (T) 1 July 1955 * item 5 (Specialty Number or Symbol) - N/A * item 28 (Most Significant Duty Assignment) - 1677 1st...
ARMY | BCMR | CY2004 | 2004105903C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: DECEMBER 9, 2004 DOCKET NUMBER: AR2004105903 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant's records show that he enlisted in the US Army Reserve, on 3 March 1955. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse...
ARMY | BCMR | CY2011 | 20110019611
Application for correction of military records (with supporting documents provided, if any). The applicant's military record is not available to the Board for review. This case is being considered using reconstructed records which primarily consists of the NA Form 13038 and DD Form 256A provided by the applicant and a DA Form 2139 (Military Pay Voucher) in the applicant's NPRC file.
ARMY | BCMR | CY2013 | 20130017114
The applicant provides his Honorable Discharge Certificate and DD Form 214. 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. As a result, the Board recommends denial of so much of the application that pertains correcting...
ARMY | BCMR | CY2014 | 20140005575
The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. The evidence of record shows the applicant served on active duty from 4 October 1954 to 24 September 1957.
ARMY | BCMR | CY2009 | 20090009238
The fact that his military records contained orders, dated 25 July 1955, showing that his rank at the time was CPL was noted and will be discussed later in these Proceedings. Department of the Army (DA) Message 344303, dated June 1958 added enlisted grades E-8 and E-9 and restructured titles of certain existing ranks. The fact that the applicant's military records contained an order, dated 25 July 1955, showing that his rank at the time was CPL was noted.
ARMY | BCMR | CY2014 | 20140009876
The applicant's complete military records are not available to the Board for review. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. _____________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.
ARMY | BCMR | CY2002 | 2002067615C070402
The applicant requests that his records be corrected to show the correct spelling of his name with an “e” instead of an “o” in the 7 th digit of his surname and that his rank be changed from SP3 to SP5 on his Certification of Military Service. The evidence of record clearly shows the spelling of the applicant’s name is correct except for the Certification of Military Service, which should be corrected accordingly. In view of the foregoing, the applicant’s records should be corrected as...