BOARD DATE:	  17 March 2015

		DOCKET NUMBER:  AR20140013173 


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 Item 3 (Grade, Rate, Rank, and Date of Appointment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his grade/rank as sergeant first class (SFC)/E-6.

2.  The applicant states:

   a.  He joined a Reserve unit in 1954 and was promoted to SFC/E-6.  His DD Form 214 has never been amended to reflect this promotion.  He wouldn't call it an error, rather someone's oversight.  He recently discovered the oversight.

   b.  He was promoted to sergeant (SGT)/E-5 which he earned while serving on active duty in South Korea (1952-1953).  He was promoted to SFC/E-6 while serving with a U.S. Army Reserve (USAR) engineer battalion circa 1954 in San Diego, CA.

   c.  The only reason he noticed the oversight was he recently stumbled on an article pertaining to award of the Korean War Service Medal.  Only after the Department of the Army received his DD Form 214, determined he was qualified for this award, and sent him the subject medal did he discover his DD Form 214 had never been amended to reflect his promotion to SFC back in 1954.

   d.  It may appear he is making a big deal out of a minor incident, but if the Board can understand where he is coming from he would appreciate it greatly.  He recently reached 83 years of age and lives each day supported by a concentrator which provides him oxygen 24/7 as a result of being a nicotine addict for over 60 years.  He also suffers from chronic obstructive pulmonary disease.

   e.  When he looks back upon his life, he believes the 2 years in the U.S. Army were his most memorable and rewarding, ever though he was a draftee.  He would appreciate that everything he earned while serving in the Army with the late General Douglas MacArthur is present and not just fade away.

3.  The applicant provides a copy of his DD Form 214.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant's complete military records are not available to the Board for review.  A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there is sufficient documentation contained in a reconstructed record and that submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The available records show the applicant was inducted into the Army of the United States (AUS), in pay grade E-1, on 17 July 1952.  He held military occupational specialty 1812 (tank crewman).

4.  He was honorably released from active duty on 3 June 1954 and was transferred the USAR.  He was credited with completing 1 year, 10 months and 17 days of active service.  His DD Form 214 lists in Item 3 – SGT (Temporary) – 24 April 1954.

5.  His available records also contain a Certification of Military Service, dated 30 May 1984, for the period from 17 July 1952 through 3 June 1954 which shows his last grade, rank, or rating as SGT.
6.  It appears he may have been actively drilling in the USAR.  However, his USAR records are not available for review.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, govern the preparation of the DD Form 214.  The regulation stated:

   a.  The DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The DD Form 214 was a summary of a Soldier's most recent period of continuous active duty and provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  

   b.  Item 3 would list the grade/rank in which the Soldier was serving at the time of separation.  It would also indicate whether the grade/rank was permanent or temporary and the date of appointment to that grade/rank.  

   c.  There were no provisions for adding information to the DD Form 214 regarding USAR service, promotions, and/or qualifications subsequent to the effective (separation) date of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his USAR promotion to SFC/E-6 should be reflected on his DD Form 214 ending on 3 June 1954 has been carefully considered.  

2.  There are no regulatory provisions that allow for correcting or altering a DD Form 214 to add USAR service, promotions, and/or qualification completed subsequent to the effective (separation) date of the DD Form 214.

3.  The available evidence confirms the grade/rank he held on the date of his separation from active duty in the AUS was correct at the time the DD Form 214 was issued.   As a result, absent any evidence of error related to the information contained on the DD Form 214 at the time it was issued or regulatory provisions allowing for entering USAR service and accomplishments that occur subsequent to separation date listed on the DD Form 214, there is an insufficient evidentiary basis to support granting the requested relief.

4.  In making this determination, the applicant and all others concerned should know that this nation in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service.

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)                                         AR20140013476



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ABCMR Record of Proceedings (cont)                                         AR20140013173



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