IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005438 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 records to show he was advanced to the rank of specialist four (SP4)/pay grade E-4 and he was discharged in that rank. He also requests the issuance of a new DD Form 214 (Armed Forces Report of Release or Transfer) and DD Form 256A (Honorable Discharge Certificate). 2. The applicant states, in effect, after being recalled to active duty for the Cuban Missile Crisis, he was promoted to the rank of SP4 on 17 October 1962. He served in that rank for two and a half years, but his discharge certificate shows he was discharged in the rank of private first class (PFC)/E-3. He deserves to have his rank listed as SP4 on his discharge certificate. 3. The applicant provides copies of United States Army XXI Corps Special Orders Number 226, dated 17 October 1962; a letter, subject: Transfer to the Standby Reserve; DD Form 256A certificated, dated 30 November 1964; National Archives (NA) Form 13038 (Certification of Military Service); and a letter from the National Personnel Records Center (NPRC), St. Louis, MO. 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 NPRC letter dated 10 March 2015 indicates the applicant’s records may have been lost or destroyed in the NPRC fire of 1973. Information herein was obtained from documents provided by the applicant. 3. The NA Form 13038 shows the applicant served on initial active duty for training (IADT) from 1 June through 1 December 1958. He was released from active duty in the rank of private. 4. XXI U.S. Army Corps Special Orders Number 226, dated 17 October 1962, transferred the applicant from the U.S. Army Reserve (USAR) Control Group (Reinforcement) to the USAR Control Group (Standby) in the rank of SP4. 5. The letter dated 22 October 1962 from XXI U.S. Army Corps notified the applicant that he had been transferred to the USAR Control Group (Standby) in the rank of SP4/E-4. 6. The applicant’s 30 November 1964 Honorable Discharge certificate shows the applicant was discharged from the USAR in the rank of PFC. 7. The Cuban Missile Crisis took place from 16 – 28 October 1962 with the Cuban blockade formally ending on 20 November 1962. 8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. 9. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. A DD Form 214 is created to reflect a Soldier's period of active service from the date the Soldier entered active service until the date the Soldier was released from active service. No DD Form 214 can be changed to reflect service or rank that was attained after the date a Soldier was released from active duty. 2. The applicant’s Certificate of Military Service reflects the applicant's IADT service and rank that ended on 1 December 1958. There is insufficient evidence to recreate a DD Form 214 for this period of service. 3. The applicant has not provided and the record does not contain any evidence that shows he served or was called to active duty during the Cuban Missile Crisis. 4. While the two 1962 transfer-related documents provided show the applicant served in the rank of SP4, they also show that he was transferred from one USAR Control Group to another without any additional active duty service. 5. Without additional military records, and/or other verifiable evidence for the period 1 December 1958 through 30 November 1964, it is impossible to determine if the applicant had additional active service or whether or not he was reduced after the 22 October 1962 transfer order and before his 30 November 1964 discharge. Without additional documentation to verify his rank, administrative regularity in the rank shown on the discharge certificate must be presumed. 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) AR20150005438 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005438 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1