IN THE CASE OF:	  .

		BOARD DATE:	      6 AUGUST 2009

		DOCKET NUMBER:  AR20090005695 


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 that 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) be corrected to show corporal instead of private first class and that item 6 (Effective Date of Separation) be corrected to show 1956 instead of 1953.

2.  The applicant states, in effect, that he was a corporal when he was discharged in 1956.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

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 was inducted into the Army of the United States on 16 March 1951.  He was released from active duty on 15 March 1953 in the temporary rank of private first class and transferred to the Enlisted Reserve Corps for a period of 5 years.

3.  Item 3 of the applicant's DD Form 214 shows the entry "Pfc(t) 28 Feb 52" [private first class (temporary) 28 February 1952]."  Item 6 of his DD Form 214 shows he was separated on 15 March 1953.

4.  The applicant provided an Honorable Discharge Certificate which shows he was honorably discharged from the Enlisted Reserve Corps on 13 November 1956 in the rank of corporal.

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that 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.  The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.

2.  The evidence of record shows the applicant was a private first class at the time of his release from active duty on 15 March 1953 which is properly reflected in items 3 and 6 of his DD Form 214.  Since it appears the applicant was promoted to corporal in the Enlisted Reserve Corps after his release from active duty on 15 March 1953, there is no basis for amending items 3 or 6 of his DD Form 214.

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.



      ___________XXX______________
                 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)                                         AR20090005695



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ABCMR Record of Proceedings (cont)                                         AR20090005695



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