IN THE CASE OF:	  

		BOARD DATE:	    5 June 2012

		DOCKET NUMBER:  AR20110024402 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as sergeant (SGT).

2.  The applicant states his DD Form 214 incorrectly reflects that he was released from active duty (REFRAD) in the rank of specialist five (SP5) instead of SGT.  He states he is confident that it was simply a clerical error and he desires to have his records corrected for burial purposes.

3.  The applicant provides copies of his DD Form 214, Honorable Discharge Certificate, and promotion orders.

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 enlisted in the Regular Army on 8 July 1959 for a period of 3 years.  He completed basic training at Fort Jackson, South Carolina, and advanced individual training as an armor intelligence specialist at Fort Knox, Kentucky.  He was transferred to Germany on 24 November 1959.

3.  He was promoted to the rank of SGT on 9 November 1961.  He served in Germany until he was transferred to Fort Hamilton, New York, where he was honorably REFRAD on 21 June 1962 as an overseas returnee.  His DD Form 214 issued at the time of his REFRAD shows he was REFRAD in the rank of SP5.

4.  A review of his official records failed to show any evidence of the applicant having served in the rank of SP5 prior to his REFRAD.

5.  On 30 June 1965, the applicant was honorably discharged from the U.S. Army Reserve in the rank of SGT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect his rank as SGT instead of SP5 has been noted and found to have merit.

2.  The applicant was promoted to the rank of SGT and served in that rank until he was REFRAD.  However, it appears that his DD Form 214 was incorrectly prepared to reflect the rank of SP5 instead of SGT.

3.  Accordingly, his DD Form 214 should be corrected at this time to reflect his rank as SGT.

BOARD VOTE:

___X____  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show his rank as SGT.



      _______ _  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)                                         AR20110024402



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ABCMR Record of Proceedings (cont)                                         AR20110024402



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