IN THE CASE OF: BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150014557 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: 6 December 2016 DOCKET NUMBER: AR20150014557 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: 6 December 2016 DOCKET NUMBER: AR20150014557 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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * change his social security number (SSN) * change his rank from specialist four (SP4)/E-4 to sergeant (SGT)/E-5 2. The applicant states at the time of his separation, Oakland, CA, was processing close to 200 personnel a day. His rank and SSN were incorrectly entered on his DD Form 214. 3. The applicant provides: * a certificate of service * his DD Form 214 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 previously requested a correction of his SSN on his DD Form 214 to match his social security card. On 4 June 1999, a DD Form 215 (Correction to DD Form 214) was issued correcting his SSN on his DD Form 214 with an effective date of 29 August 1967. On 26 July 1999, a DD Form 1343 (Notification of Change in Service Member's Official Records) was prepared showing the applicant's SSN was changed in the official service records. As a result, the issue of the applicant's SSN will not be discussed further in these Proceedings. 3. On 29 October 1965, the applicant was inducted into the Army of the United States. 4. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows the applicant was promoted to: * private/E-2 - 1 March 1966 * private first class/E-3 - 19 May 1966 * SP4/E4 - 8 September 1966 5. Headquarters Company, 1st Battalion, 8th Infantry, Fort Lewis, WA, Unit Order Number 52, dated 8 September 1966, promoted the applicant to SP4. 6. There are no orders in the applicant's Military Personnel Records Jacket (MPRJ) promoting him to SGT. 7. On 29 August 1967, the applicant was released from active duty. His separation orders identify him as a SP4. His DD Form 214 shows he was a SP4/E-4 at the time of separation. 8. The applicant provided a Certificate of Service indicating he served in the Republic of Vietnam from September 1966 - September 1967 with the 1st Battalion, 8th Infantry, 4th Infantry Division. The certificate identifies the applicant as a SGT. REFERENCES: 1. Army Regulation (AR) 600-200 (Enlisted Personnel Management System), then in effect) stated in paragraph 7-4 that promotion of enlisted personnel to grade E-3 through E-9, appointments, grade reductions, and grade restorations were announced in routine orders. 2. AR 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the active duty grade at the time of separation would be entered on the DD Form 214. DISCUSSION: 1. The applicant contends he was a SGT and not a SP4 at the time of separation. 2. The applicant's DA Form 20 indicates the highest grade he held was SP4. His separation orders identify him as a SP4. There are no orders in his MPRJ promoting him to SGT. 3. The evidence shows the applicant was a SP4 at the time of his separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014557 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014557 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2