IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150004413 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, in effect, correction of item 3a (Grade, Rate, or Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 February 1961 to show his rank as specialist four (SP4)/E-4. He also requests credit for 2 months of additional active duty service. 2. The applicant states: * his rank is incorrect and should be SP4/E-4, not private (PVT)/E-2 * 2 months of his active duty service is not listed on his DD Form 214 * he is applying for Department of Veterans Affairs (VA) health benefits and needs an adjustment for eligibility 3. The applicant provides no additional evidence. 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 enlisted in the U.S. Army Reserve (USAR) on 6 July 1960 for a period of 6 years. He was ordered to active duty for training on 7 August 1960. 3. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was appointed to the permanent rank of PVT/E-2 effective 6 November 1960. 4. Headquarters, U.S. Army Personnel Center Fort Dix, Special Orders Number 35, dated 4 February 1961, released him from active duty effective 6 February 1961 in the rank of PVT/E-2. 5. His DD Form 214 for the period ending 6 February 1961 shows in: * item 3a – PVT (permanent) E-2 * item 3b (Date of Rank) – 6 November 1960 * item 24a(1) (Net Service This Period) – 6 months 6. There is no evidence showing he was advanced to SP4/E-4. 7. His records contain DD Forms 220 (Active Duty Report) showing he served on active duty from: * 8 July 1961 to 22 July 1961 (14 days) * 8 September 1962 to 22 September 1962 (14 days) * 27 July 1964 (should be 27 June 1964) to 11 July 1964 (14 days) * 5 June 1965 to 19 June 1965 (14 days) 8. Headquarters, II U.S. Army Corps, USAR Special Orders Number 141, dated 20 July 1966, honorably discharged him from the USAR (Ready Reserve) in the rank of PVT/E-2 effective 20 July 1966. 9. 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. Although the applicant contends his rank is incorrect and should be SP4/E-4, there is no evidence and he provided no evidence which shows he was advanced to SP4/E-4. 2. His DD Form 214 for the period ending 6 February 1961 is a "snapshot in time" and is a reflection of his record of active Army service at the time of his release from active duty. 3. His contention that 2 months of active duty time is not listed on his DD Form 214 for the period ending 6 February 1961 was noted. It appears he means his active duty service (56 days) in the U.S. Army Reserve from 8 July 1961 to 19 June 1965. Since he performed this active service after his release from active duty on 6 February 1961, there is no basis for amending his 6 February 1961 DD Form 214. 4. He contends he is applying for VA health benefits and needs an adjustment for eligibility. However, a rank or service credit is not changed solely for the purpose of qualifying an applicant for VA benefits. Each request is individually considered based on the evidence presented. 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) AR20150004413 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004413 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1