BOARD DATE: 25 September 2012 DOCKET NUMBER: AR20120005676 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 the rank listed in item 3 (Grade, Rate, Rank and Date of Appointment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States). 2. The applicant states his discharge certificate has the correct rank of specialist four (SP4)/E-4. 3. The applicant provides a DD Form 256 A (Honorable Discharge Certificate) in support of his request. 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 military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. This case is being considered using the applicant’s DD Form 214 and the document he submitted. 3. The applicant’s DD Form 214 shows he entered active duty on 26 November 1952, and served for 2 years and 9 months until being honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) on 25 August 1955. Item 3 shows he held the rank of Specialist 3 (SP-3), which he had attained on 20 January 1954, on the date of his REFRAD. 4. The applicant provides a DD Form 256 A, dated 31 October 1960, which was issued to him upon his honorable discharge from the USAR. This document lists his rank as specialist four (SP4)/E-4. 5. Army Regulation 615-15, dated 2 July 1954, announced a new grade structure effective 1 March 1955. The new titles were: E7 - Master Sergeant (First Sergeant was an occupational title) and Master Specialist E6 - Sergeant 1st Class/Specialist 1st Class E5 - Sergeant/Specialist 2d Class E4 - Corporal/Specialist 3d Class E3 - Private First Class E2 - Private E2 E1 - Private E1 6. Department of the Army Message 344303, dated June 1958, added grades E-8 and E-9, and announced a change in the enlisted rank structure as follows: E9 - Sergeant Major/Specialist Nine E8.- First Sergeant/Master Sergeant/Specialist Eight E7 - Platoon Sergeant/Sergeant First Class/Specialist Seven E6 - Staff Sergeant/Specialist Six E5 – Sergeant/Specialist Five E4 – Corporal/Specialist Four E3 - Private First Class E2 – Private E-2 E1 – Private E-1 DISCUSSION AND CONCLUSIONS: 1. The applicant’s request to change the rank title in item 3 of his DD Form 214 has been carefully considered. However, there is insufficient evidence to support this claim. 2. The evidence confirms the Army’s rank structure at the time of the applicant’s REFRAD on 25 August 1955 included the rank SP-3 for members in the pay grade of E-4 which was the applicant’s grade on the date of his separation from active duty on 25 August 1955. The rank structure changed in 1958 and showed that members in the pay grade of E-4 held the rank title of SP4 which is the rank title the applicant held at the time of his discharge from the USAR in 1960. As a result, the DD Form 214 issued to the applicant at the time of his REFRAD properly reflects his rank title at that time. As a result, there is an insufficient evidentiary basis to support 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) AR20120005676 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005676 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1