IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20140014659
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his rank and pay grade as specialist four (SP4)/E-4.
2. The applicant states his DD Form 214 reflects his rank as private/E-2, but his DD Form 256A (Honorable Discharge Certificate) reflects his rank as SP4/E-4 and he presumes the discrepancy is a typographical error.
3. The applicant provides:
* DD Form 214, effective date 11 April 1971
* DD Form 256A, dated 8 June 1976
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 U.S. Army Reserve on 9 June 1970. His DD Form 4 (Enlistment Contract Armed Forces of the United States) shows his rank/pay grade at enlistment as private/E-1.
3. He entered active duty for training on 24 October 1970. His records contain Battery C, 1st Training Battalion, U.S. Army Training Center, Field Artillery, Unit Orders Number 19, dated 6 April 1971, promoting him to private first class (PFC)/E-3 with an effective date of 9 April 1971.
4. On 11 April 1971, he was honorably released from active duty to the control of the U.S. Army Reserve (USAR) after completing 5 months and 18 days of creditable active service. Item 5a (Grade, Rate, or Rank) of his DD Form 214 shows his rank and pay grade as private/E-2 (permanent). Item 5b (Pay Grade) shows his pay grade as E-2. Item 6 (Date of Rank) shows the entry 9 October 1970.
5. His record contains Headquarters, 3d Battalion, 42d Field Artillery, Caven Point USAR Center, Special Orders Number 025, dated 31 March 1972, promoting him to SP4/E-4 with an effective date of 1 April 1972.
6. The applicant provided a copy of his DD Form 256A honorably discharging him from the USAR on 8 June 1976. This document reflects his rank as SP4.
7. 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. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. 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's contention that his DD Form 214 should be corrected to show his rank as SP4/E-4 was carefully considered.
2. The applicant's records contain orders promoting him to PFC with an effective date of 9 April 1971. This promotion transpired prior to his release from active duty on 11 April 1971 and should have been annotated on his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show his rank and pay grade as PFC/E-3.
3. Records show the applicant was not promoted to SP4 until 1 April 1972, after his discharge from active duty on 11 April 1971. Therefore, there is no basis for correction of his DD Form 214 to show his rank and pay grade as SP4/E-4.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 5a of his DD Form 214 to reflect the rank of PFC, amending item 5b to reflect pay grade E-3, and amending item 6 to reflect 9 April 1971.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to reflect the rank and pay grade of SP4/E-4.
_____________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) AR20140014659
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ABCMR Record of Proceedings (cont) AR20140014659
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