IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140018089
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 3a (Grade, Rank, or Rate) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/pay grade as specialist five (SP5)/E-5.
2. The applicant states:
* item 3a of his DD Form 214 shows his rank/pay grade as SP4/E-4 (temporary)
* his rank/pay grade at the time of his discharge was SP5/E-5
* he was promoted to SP5/E-5 while serving on active duty
3. The applicant provides:
* DD Form 214
* DD Form 256A (Honorable Discharge) from the U.S. Army effective 31 October 1969
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 was inducted into the Army of the United States on 26 November 1963 and he trained as a welder/blacksmith.
3. He was honorably released from active duty (REFRAD) on 24 November 1965 and transferred to the U.S. Army Reserve to complete his Reserve obligation. His discharge orders show his rank as SP4.
4. Item 3a of his DD Form 214 shows the entry "SP4 (T) [temporary] E-4."
5. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was appointed/promoted to the rank of:
* SP4 (temporary), effective 16 August 1965
* SP5 (permanent), effective 15 September 1967
6. He provided a DD Form 256A showing he was honorably discharged from the U.S. Army in the rank of SP5 on 31 October 1969.
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 and 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 DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of separation from active duty.
2. The evidence of record shows he held the temporary rank of SP4/E-4 at the time he was released from active duty on 24 November 1965 which is properly reflected in item 3a of his DD Form 214.
3. Although he contends he was promoted to E-5 while serving on active duty, the evidence shows he was promoted to E-5 on 15 September 1967 while serving in the U.S. Army Reserve, almost 2 years after his release from active duty. As such, there is no basis for correcting his DD Form 214 to show his rank as SP5/E-5.
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 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) AR20140018089
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ABCMR Record of Proceedings (cont) AR20140018089
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