IN THE CASE OF: BOARD DATE: 12 January 2012 DOCKET NUMBER: AR20110013415 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 214 (Report of Separation from Active Duty) to show he held the rank/grade of specialist four (SP4)/pay grade E-4 instead of private first class (PFC)/pay grade E-3 at the time of his release from active duty. 2. The applicant states the rank shown on his DD Form 214 is wrong. 3. He provides his DD Form 214 and his Honorable Discharge Certificate. 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 record shows he was inducted into the Army of the United States on 6 September 1961 in the rank/pay grade of private/E-1. 3. Section 1 (Appointments, Promotions, or Reductions) of the applicant's DA Form 24 (Service Record) covering his active duty service shows he was advanced to: * private/E-2 on 6 January 1962 * PFC/E-3 (temporary) on 10 May 1962 * PFC/E-3 (permanent) on 1 October 1962 4. His record is void of evidence and he has not provided any evidence showing he was considered for advancement to SP4/E-4 and was subsequently selected for advancement during his period of active duty service. 5. His record is void of documentation and he has not provided any documentation advancing him to SP4/E-4 during his period of active duty service. 6. On 10 August 1963, he was released from active duty (REFRAD) in the rank of PFC/E-3 and transferred to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 he was issued shows in: * item 3a (Grade, Rate, or Rank) PFC, E-3, (permanent) * item 3b (Date of Rank) 10 May 1962 7. Unit Orders Number 7 issued by Company C, 3rd Infantry Battalion, Kirksville, TN, dated 5 May 1964, show he was appointed to the grade of SP4/E-4 effective the date of the order. 8. 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 and states 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. The regulation in effect at the time stated the active duty rank and pay grade at the time of separation would be entered in items 3a and 3b of the DD Form 214, respectively. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his DD Form 214 should be corrected to show he held the rank of SP4/E-4 at the time of REFRAD was carefully considered and determined to lack merit. 2. Although evidence shows he was advanced to SP4/E-4 while serving in the USAR following his REFRAD, his record contains no evidence and he has failed to provide evidence showing he was advanced to SP4/E-4 during the period of active duty service covered by his DD Form 214. 3. In the absence of evidence to the contrary, the entries in items 3a and 3b of the applicant's DD Form 214 are presumed to be correct. He has the burden of proving an error or injustice occurred by a preponderance of the evidence. 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) AR20100029248 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013415 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1