IN THE CASE OF:	  

		BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140017884 


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 records to show he was promoted to staff sergeant (SSGT)/pay grade E-6.

2.  The applicant states that sometime between 22 May 1961 and 23 January 1963 while serving with Battery A, 3rd Howitzer Battalion (155mm), 33rd Artillery, he was promoted to SSGT (E-6).

3.  The applicant provides a copy of his assignment orders, dated 23 January 1963.

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 (USAR) on 12 May 1953 for a period of 8 years.  He was promoted to sergeant (SGT)/pay grade E-5 with a date of rank (DOR) of 18 April 1957.

3.  He was inducted into the U.S. Army and entered active duty on 1 October 1958.

4.  His DA Form 24 (Service Record) shows in Section I (Appointments, Promotions, or Reductions) that he was promoted to SGT, Permanent (P), E-5, with a DOR of 18 April 1957.  It also shows his DOR for SGT (P), E-5, was adjusted to 1 September 1958.

5.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant was honorably released from active duty (REFRAD) on 30 September 1960 and transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had completed 2 years of net active service this period; 5 years, 4 months, and 
19 days of other service; and 7 years, 4 months, and 19 days of total service.  It also shows in:

* item 3a (Grade, Rate or Rank):  "SGT (P) E-5"
* item 3b (DOR):  1 September 1958
* item 21 (Grade, Rate or Rank at Time of Entry into Current Active Service):  "SGT E-5"

6.  A DD Form 4 (Enlistment Record – Armed Forces of the United States) shows the applicant reenlisted in the USAR on 23 May 1961, in the rank of SGT (E-5) for a period of 3 years.

7.  His DA Form 24 shows in Section I that he was promoted to SSGT (P), E-6, with a DOR of 21 March 1962.

8.  Headquarters, XXI U.S. Army Corps, Indiantown Gap Military Reservation (IGMR), Annville, PA, Letter Orders M (Reserve Component) 05-304, dated
7 May 1964, honorably discharged the applicant from the USAR Control Group (Ready Reserve), XXI U.S. Army Control Group (Reinforcement), effective 
30 April 1964.  The orders show the applicant's rank/grade at the time of his discharge was "SSGT E6."

9.  In support of his application the applicant provides a copy of Headquarters, XXI U.S. Army Corps, IGMR, Annville, PA, Special Orders Number 23, dated 
23 January 1963, that released the applicant from Battery A, 3rd Howitzer Battalion (155mm), 33rd Artillery (Towed), Wilmington, DE, and assigned him to XXI U.S. Army Corps Control Group (Reinforcement), IGMR, PA, effective
1 February 1963.  The orders show his grade as "SSGT E6."

10.  Army Regulation 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), in effect at the time at the time the applicant was REFRAD, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or REFRAD service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.  

   b.  Appendix III contains guidance on the preparation of the DD Form 214 and contains item-by-item instructions for completing the DD Form 214.  The instructions show for:

    	(1)  item 3a, enter grade in which serving at time of separation indicating whether permanent or temporary (e.g., "SGT (P) E-5"); and

    	(2)  item 3b, enter DOR for the grade shown in item 3a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he was promoted to SSGT (E-6).

2.  Records show the applicant enlisted in the USAR on 12 May 1953, he was promoted to SGT (E-5) on 18 April 1957, inducted and entered active duty on
1 October 1958, and his DOR for SGT (E-5) was adjusted to 1 September 1958.

   a.  He was REFRAD on 30 September 1960.

   b.  The evidence of record shows that his DD Form 214 correctly shows the rank/grade (i.e., SGT/E-5) that he held on the date he was REFRAD.

3.  Records show the applicant reenlisted in the USAR on 23 May 1961 and he was promoted to SSGT (E-6) on 21 March 1962.

   a.  He was discharged from the USAR on 30 April 1964.  

   b.  The evidence of record shows that the applicant's discharge orders correctly show the rank/grade (i.e., SSGT/E-6) that he held on the date he was discharged from the USAR.

4.  Thus, it is concluded that the applicant's military personnel records correctly show his promotion to SSGT/E-6.  Further, his military personnel records, including his DD Form 214 and USAR discharge orders, correctly show his rank/ grade at the time of his separation from active duty and also at the time of his discharge from the USAR.

5.  Therefore, in view of all of the foregoing, there is no basis for granting 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)                                         AR20140017884



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140017884



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1