BOARD DATE: 24 September 2015
DOCKET NUMBER: AR20150002553
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 show his rank and grade as specialist four (SP4)/E-4 instead of private first class (PFC)/E-3.
2. He states his rank was SP4/E-4 at the time of his release from active duty.
3. He provides:
* DD Form 214, effective 9 March 1964
* DA Form 188 (Extract Copy of Morning Report)
* Unit Order Number 1, dated 29 January 1964
* Department of Veterans Affairs (VA) Rating Decision, dated 6 June 2002
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 applicants records are not available for the Board to review; however, there is sufficient evidence provided by the applicant to address his request.
3. He was inducted into the Army of the United States on 21 March 1962.
4. Unit Order Number 1, issued by Company C, 2nd Battalion, 15th Infantry, dated 29 January 1964, appointed the applicant to the temporary grade of SP4/E-4.
5. He was released from active duty on 9 March 1964. Item 3a (Grade, Rate, or Rank) of his DD Form 214 shows his rank and grade as PFC (Permanent)/E-3.
6. He provides a DA Form 188, dated 15 May 1964, which shows he was promoted to SP4/E-4, effective 29 January 1964. This document is dated after the ending date of his DD Form 214.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form be complete and accurate. The instructions state:
a. Items 3a and 3b show the rank/grade in which a member was serving at the time of separation with an indication if permanent or temporary; for example "MSG (T) (Master Sergeant, Temporary), SP4 (P) with appropriate date of rank; and
b. If the grade shown in item 3 is not permanent, enter the permanent grade, date of appointment, and date of rank if different from date of appointment in item 32 (Remarks).
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was temporarily advanced to
SP4/E-4 on 29 January 1964. He held this rank/grade at the time of his release from active duty. Therefore, he is entitled to correction of his DD Form 214 to show his correct rank/grade and effective date of pay grade.
BOARD VOTE:
__X______ ___X_____ __X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entries from items 3a and 3b of his DD Form 214 and adding the following:
* item 3a: SP4 (T) E-4
* item 3b: 29 January 1964
* item 32: Item 3a PFC (P) (E-3) Date of Rank 1 October 1962
_______ _ 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) AR20150002553
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ABCMR Record of Proceedings (cont) AR20150002553
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