IN THE CASE OF:	  

		BOARD DATE:	  30 July 2015

		DOCKET NUMBER:  AR20140020880


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 record to show he held the rank of specialist four (SP4/E-4) on the date of his discharge and that his characterization of service was honorable.

2.  The applicant states:

	a.  he held the rank and grade of SP4/E-4 at the time of his discharge; and

	b.  he received an honorable discharge (HD) not a hardship discharge.

3.  The applicant provides:

* Letter of Support
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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’s record shows he was inducted into the Army of the United States on 20 January 1966 in the rank of private (PVT/E-1).  He was trained in and awarded military occupational specialty (MOS) 76A (Supply Clerk).

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) that he was promoted to the rank of private (PV2/E-2) on 20 May 1966, to PFC/E-3 on 26 August 1966, and it includes no other entries.  His military record does not contain any other documents or orders showing he was recommended for or promoted to the rank and grade of 
SP4/E-4.

4.  On 4 January 1967, the applicant requested a discharge from the Army based on the financial hardships he endured at that time.

5.  His record includes a DA Form 2476 (Application for Separation – Hardship or Dependency) that lists his rank as PFC/E-3 and shows he authenticated this document with his signature on 6 January 1967.  His record also includes letters dated between 18 November and 31 December 1966 from his mother, wife, and parents in-law who each supported his request for a hardship discharge and identified his rank as ?PFC.?

6.  On 6 February 1967, the appropriate separation authority approved the applicant’s request for a hardship/dependency[USA1] discharge.  On 16 February 1967, Headquarters, United States Army Armor Center, Fort Knox, Kentucky, published Special Orders Number 39, directing the applicant’s release from active duty (REFRAD) in the rank of PFC on 21 February 1967.

7.  Accordingly, on 21 February 1967, the applicant was honorably REFRAD under the provisions of Section II, Chapter 6, Army Regulation 635-200, by reason of hardship.  The DD Form 214 he was issued shows he completed a total of 1 year, 1 month, and 2 days of creditable active military service, he held the rank and pay grade of PFC/E-3 at that time, and item 13a (Character of Service) shows his service was characterized as honorable.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that were prepared for individuals upon retirement, discharge, or 

release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time of the applicant’s discharge states that the grade held by the individual at the time of separation will be entered on the separation document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his rank should be changed from PFC to SP4 because he held the rank of SP4 at the time of his discharge was carefully considered.  However, there is insufficient evidence to support this claim.

2.  The evidence of record as indicated by the entries contained in item 33 of the applicant’s DA Form 20 and as listed on his REFRAD order confirms he held the rank of PFC/E-3 at the time of his discharge.  As a result, absent any documentary evidence confirming he held the rank of SP4 at the time of his REFRAD, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

3.  Finally, as it relates to the applicant’s request for correction of his record to show he received an HD and not a hardship discharge.  The evidence of record confirms he initiated a request for a hardship discharge on 4 January 1967, it was approved on 6 February 1967, and as a result he was REFRAD by reason of hardship on 21 February 1967.  While “hardship” identifies the reason for his discharge, it does not classify the characterization of his service.  Item 13a of his DD Form 214 confirms his service was characterized as honorable.  

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.

[USA1]


ABCMR Record of Proceedings (cont)                                         AR20140020880





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ABCMR Record of Proceedings (cont)                                         AR20140020880



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