IN THE CASE OF:
BOARD DATE: 20 October 2015
DOCKET NUMBER: AR20150002874
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 he was separated in the rank/grade of sergeant (SGT)/E-5 vice private (PVT)/E-1 in 1957 vice 1956.
2. The applicant states he extended for a year and therefore he believes his DD Form 214 should show his separation date as 20 October 1957, not 1956. Additionally, when he extended for 1 year, he was promoted to SGT.
3. The applicant provides a faded/illegible DD Form 214 and a General Services Administration (GSA) Form 6954 (Certification of Military Service).
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 complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 is faded and hard to read. It and the GSA Form 6954 show he was inducted into the Army of the United States and/or entered active duty on 3 November 1954.
4. He was honorably separated at Fort Dix, NJ on 20 October 1956. He completed 1 year, 11 months, and 10 days of total active service, of which 1 year, 5 months, and 23 days was foreign service.
5. At the time of his separation he was assigned Separation Program Number (SPN) 411 which means he was an overseas returnee. His grade is not clearly indicated on the DD Form 214. It appears to read private first class (PFC) with a date of rank as the 25th day of an illegible month in 1956.
6. His GSA Form 6954 shows he entered active duty on 3 November 1954 and he was honorably separated in the rank of private on 20 October 1956.
7. His available records do not contain:
* his initial DD Form 47 (Record of Induction) and/or a record of extension or enlistment/reenlistment
* orders promoting him to any grades
DISCUSSION AND CONCLUSIONS:
1. Without a copy of the extension/reenlistment document that confirms he extended for 1 year and without the promotion/appointment orders showing he was promoted to SGT/E-5, there is insufficient evidence to support granting the applicant the requested relief.
2. If the applicant has copies of a more legible DD Form 214, a record of his induction/enlistment or reenlistment, and a copy of his promotion orders, or a DA Form 24 (Service Record)/DA Form 20 (Soldier Qualification Record), he may resubmit his application for reconsideration by the Board.
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) AR20150002874
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ABCMR Record of Proceedings (cont) AR20150002874
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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