IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150010091 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150010091 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the SSN listed in item 3 of his DD Form 214 and replacing it with the SSN listed on his DD Form 4. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his rank/grade to PFC/E-3. ___________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: 12 April 2016 DOCKET NUMBER: AR20150010091 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 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as XX6-XX-XXXX instead of XX5-XX-XXXX and his rank/grade upon discharge as private first class (PFC)/E-3. 2. The applicant states his DD Form 214 contains the wrong SSN. In addition, his rank/grade is incorrectly listed as private (PV2)/E-2. He claims he was released from active duty in the rank/grade of PFC/E-3 as verified by the date of rank on his DD Form 214. 3. The applicant provides: * DD Form 214 * Standard Form (SF) 502 (Narrative Summary) * Form Number 256A (Honorable Discharge Certificate) * Veterans identification data 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 5 September 1978. 3. His record contains a: a. DA Form 2627 (Record of Proceeding Under Article 15 Uniform Code of Military Justice), dated 18 September 1980, which reduced him in rank/grade from PV2/E-2 to Private/E-1. b. DA Form 4187 (Personnel Action), dated 16 June 1981, which advanced him to the rank/grade of PV2/E-2 effective 1 June 1981. 4. The applicant’s record does not contain sufficient evidence in the form of orders or promotion instrument (DA Form 4187) signed by the proper authority advancing him to the rank/grade of PFC/E-3 prior to his release from active duty. 5. On 31 August 1981, the applicant was honorably released from active duty in the rank/grade of PV2/E-2. Item 12h (Effective Date of Pay Grade) of his DD Form 214 reflects 1 June 1981 as his effective date of pay grade E-2. Item 3 (SSN) of his DD Form 214 shows his SSN as "XX5-XX-XXXX." 6. The applicant provides a copy of his Honorable Discharge Certificate from the U.S. Army Reserve (USAR), dated 20 July 1984 showing he was discharged from the USAR in the rank/grade of PV2/E-2. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for the preparation of the DD Form 214. It stated, in pertinent part, that the complete name and SSN of the separating service member would be entered on the DD Form 214. 2. Army Regulation 600-200 (Enlisted Personnel Management), then in effect, in part governed administrative advancement to pay grades E-2, E-3, and promotion to E-4. Advancement to E-3 is not mandatory. Unit commanders may, without constraint, advance Soldiers who qualify. Under normal provisions, 12 months time in service and 4 months time in grade is required. DISCUSSION: 1. The applicant's SSN appears as XX6-XX-XXXX on his DD Form 4; however, it appears as XX5-XX-XXXX on his DD Form 214. It is logical to conclude a typographical error occurred during the preparation of his DD Form 214. 2. The applicant contends he was released from active duty on 31 August 1981, in the rank/grade of PFC/E-3 as verified by the date of rank on his DD Form 214. The evidence contained in his official military records clearly shows he was advanced to the rank/grade of PV2/E-2 effective 1 June 1981. Item 12h of his DD Form 214 reflects the same. Further, the applicant’s record does not contain sufficient evidence in the form of orders or a promotion instrument (DA Form 4187) signed by proper authority advancing him to the rank/grade of PFC/E-3 prior to his release from active duty. 3. The applicant has provided insufficient evidence to show he was properly advanced or promoted to the rank/grade of PFC/E-3 prior to his release from active duty. In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board or it must otherwise appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010091 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010091 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2