IN THE CASE OF: BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20150011806 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20150011806 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. IN THE CASE OF: BOARD DATE: 1 December 2016 DOCKET NUMBER: AR20150011806 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, the wife of the deceased former service member (FSM), requests correction of the FSM’s record to show he was "awarded WO4" (taken to mean he was appointed as a chief warrant officer four). 2. The applicant states the FSM was "awarded WO4" after separation from service. She believes this occurred at Fort Hamilton, New York. She believes every service member deserves to have the correct rank shown on their headstone. 3. The applicant provides copies of the FSM’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), the FSM’s death certificate listing the applicant as his wife, and a handwritten note stating the FSM is buried in the Texas State Veterans Cemetery, Abilene, Texas. 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 29 July 1965. He was awarded military occupational specialty (MOS) 76M (Ammunition Records Clerk). 3. His DA Form 20 (Enlisted Qualification Record) shows he: * served in Germany from 28 December 1965 to 8 July 1967 * was advanced to specialist four (SP4)/pay grade E-4 (temporary (T)), on 22 August 1966 * was honorably released from active duty (REFRAD) at Fort Hamilton, New York, on 20 July 1967 * was advanced to SP4/E-4 (permanent (P)) in the United States Army Reserve (USAR) on 21 July 1967 4. His DD Form 214 shows he was honorably REFRAD in the rank of SP4/E-4 on 20 July 1967 and he was authorized the National Defense Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 5. The available records are void of documentation showing the FSM was appointed as a warrant officer. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 is a summary of a Soldier’s most recent period of continuous active service. It provides a brief, clear cut record of active service at the time of release, retirement, or discharge from active service. Source documents for data to be entered on a DD Form 214 include the enlisted or officer qualification record, separation approval documents, and orders or other documents authorized for filing in the Official Military Personnel File. DISCUSSION: 1. The applicant states the FSM was appointed as a "WO4" after he was REFRAD. 2. The available records show the he was REFRAD as a SP4/E-4 (T) and he was appointed to SP4/E-4 (P) while serving in the USAR. 3. The available evidence does not show the FSM was appointed as a warrant officer. If he was appointed as a warrant officer after he was discharged from active duty, this rank would not have been entered on his DD Form 214 for the period ending 20 July 1967. The purpose of the DD Form 214 is to summarize the most recent period of active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011806 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011806 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2