IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140014186
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 the rank and pay grade on his DD Form 214 (Report of Transfer or Discharge) to staff sergeant (SSG)/E-6 vice private/
E-2.
2. The applicant states, in effect, he lost his original DD Form 214 and when he asked for a replacement he was provided his current DD Form 214, which is wrong. He held the rank of SSG when he left the U.S. Army Reserve (USAR) after serving 6 years.
3. The applicant provides a copy of his DD Form 214, dated 17 November 1963, showing he was released from initial active duty for training (ACDUTRA) and transferred back to his USAR unit, in the rank of private/E-2.
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 enlisted in the USAR on 2 May 1963. He served on ACDUTRA from 18 May to 17 November 1963. During this period, he completed 6 months of active service.
3. His DA Form 20 (Enlisted Qualification Record) shows this was the only period of active service he completed. Following initial ACDUTRA he served in the USAR and he was promoted to SSG/E-6 on 12 November 1967.
4. Headquarters, First U.S. Army Special Orders 101, dated 11 April 1969, directed the applicant's discharge from the USAR, effective 1 May 1969, in the rank of SSG.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant was released from ACDUTRA on 17 November 1963, in the rank of private/E-2. There is no evidence available to indicate he held the rank of SSG while serving in an active duty status.
2. The applicant has provided no evidence and there is no evidence available that indicates his 1963 DD Form 214 is in error.
3. Orders 101, dated 11 April 1969, show that he was discharged from the USAR in May 1969, in the rank of SSG. The governing regulation does not provide for this rank to be listed on a DD Form 214 that was issued for a previous period of service.
4. There is no basis for granting his request.
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) AR20140014186
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ABCMR Record of Proceedings (cont) AR20140014186
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