IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150001403 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/pay grade of staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5 at the time of release from active duty (REFRAD). 2. The applicant states his rank/pay grade was SSG/E-6, but it was incorrectly reflected on his DD Form 214. 3. He provides his DD Form 214 and a DD Form 173 (Joint Messageform). 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 and entered active duty on 12 October 1965 in the rank/pay grade of private (PVT)/E-1. Upon completion of advanced individual training he was awarded military occupational specialty 11C (infantry Indirect Fire Crewman). 3. Item 33 (Appointments and Reductions) of the applicant's DA Form 20 (Enlisted Qualification Record) covering his active duty service shows he was promoted to: * private (PV2)/E-2 (Permanent) on 12 February 1966 * private first class (PFC)/E-3 (Permanent) on 8 May 1966 * specialist four (SP4)/E-4 (Permanent) on 19 November 1966 * SGT/E-5 (Temporary) 1 March 1967 4. Headquarters, United States School/Training Center, Fort Gordon, GA, Special Orders Number 262, dated 27 September 1967, show the applicant was to be released from active duty in the rank of SGT/E-5 on 11 October 1967 and transferred to the U.S. Army Reserve (USAR). 5. A DA Form 1811 Physical and Mental Status on Release from Active Service), dated 11 October 1967, which shows his rank/pay grade at the time was SGT/E-5 6. The applicant's DD Form 214, dated 11 October 1967, shows in: * Item 5a (Grade, Rate or Rank) SGT E-5 (T [indicating temporary]) * Item 5b (Pay Grade) shows E-5 * Item 6 (Date of Rank) 1 March 1967 7. A DA Form 2376 (Notification to State Adjutants General Release From Active Duty of Obligated Reservist), dated 11 October 1967, was sent to The Adjutant General of North Carolina to inform him/her the applicant was being REFRAD and had listed an address in North Carolina as his address upon release. This form shows he held the rank/pay grade of SGT/E-5 at the time. 8. A U.S. Army Administration Center Form 171 (Army Reserve Status and Address Verification), dated 26 June 1968, shows in part, the applicant’s rank/pay grade at the time was SGT/E-5. 9. Department of the Army, Office of The Adjutant General, USAR Components Personnel and Administration Center, Letter Orders Number 09-1211419, dated 30 September 1971, show the applicant was honorably discharged from the USAR effective 11 October 1971 in the rank/pay grade of SGT/E-5. 10. His record is void of evidence and he has not provided any evidence showing he appeared before a board to be considered for promotion to SSG/E-6 and was subsequently selected for promotion. His record is also void of orders and he has not provided any orders promoting him to SSG/E-6 during his period of active duty service. 11. The applicant provides a DD Form 173, dated 18 May 1967, which shows a message was generated from Fort McPherson, GA to Fort Bragg, NC to amend the reassignment orders for SSG/E-6 [applicant’s name] to show he was diverted from one unit to another. This document shows a first and last name, but does not bear either a service number or social security number. 12. 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 the preparation of the DD Form 214. In pertinent part, it 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 release from active duty, retirement or discharge. This regulation, in pertinent part, also stated the active duty rank and pay grade at the time of separation will be entered in Items 5a and 5b 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 SSG/E-6 at the time of release from active duty was carefully considered. 2. His record contains no evidence and he has failed to provide evidence showing he was promoted to the rank of SSG/E-6 during the period of active duty service covered by his DD Form 214. 3. Although the applicant provides a DD Form 173 bearing the same name as his with the rank/pay grade of SSG/E-6, this document does not bear either a service number or social security number that could be used to further corroborate his claim. 4. In the absence of evidence to the contrary, the entries in items 5a and 5b of the applicant's DD Form 214 are presumed to be correct. 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. _______ _ _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) AR20150001403 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150001403 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1