IN THE CASE OF:  

		BOARD DATE:  2 June 2016    

		DOCKET NUMBER:  AR20150011294


BOARD VOTE:

_________  _______  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration


		IN THE CASE OF:  

		BOARD DATE:  2 June 2016    

		DOCKET NUMBER:  AR20150011294


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.


		IN THE CASE OF:  

		BOARD DATE:  2 June 2016    

		DOCKET NUMBER:  AR20150011294


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 256A (Honorable Discharge), dated 31 December 1967, to show his rank as specialist five instead of specialist four.

2.  The applicant states:

* he wants his Honorable Discharge Certificate corrected to show his rank as specialist five instead of specialist four and issuance of a corrected copy
* the Honorable Discharge Certificate does not represent the accurate rank

3.  The applicant provides:

* DD Form 256A
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 records are not available for review.  This case is being considered based on the evidence provided by the applicant.

3.  His DD Form 214 shows:

* he was inducted into the Army of the United States on 3 January 1962
* he was appointed to the permanent rank of private first class effective 25 September 1962
* he was honorably released from active duty (REFRAD) in the temporary rank of specialist five on 13 December 1963
* he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his military service obligation
* his terminal date of Reserve obligation as 2 January 1968

4.  He provided a DD Form 256A showing he was honorably discharged from the Army of the United States in the rank of specialist four on 31 December 1967.

5.  There is no evidence of record showing he was permanently promoted to specialist five prior to his discharge from the U.S. Army Reserve.

REFERENCES:

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 REFRAD, retirement, or discharge.

DISCUSSION:

1.  The applicant's DD Form 214 is a "snapshot in time" and is a reflection of his record of active Army service at the time of his REFRAD in December 1963.  His temporary rank is shown as specialist five on his DD Form 214.
2.  There is no evidence of record showing he was permanently promoted to the rank of specialist five prior to his ultimate discharge from the U.S. Army Reserve.

3.  Although he held the permanent rank of private first class at the time of his REFRAD, it appears that he was advanced and held the permanent rank of specialist four when he completed his military service obligation in December 1967.

4.  In the absence of evidence to the contrary, it must be presumed that his Honorable Discharge Certificate is administratively correct and in conformance with applicable regulations.

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