IN THE CASE OF: BOARD DATE: 22 November 2016 DOCKET NUMBER: AR20150014186 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: 22 November 2016 DOCKET NUMBER: AR20150014186 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 to amend the decision of the ABCMR set forth in Docket Number AR20140016234 on 14 May 2015. ___________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: 22 November 2016 DOCKET NUMBER: AR20150014186 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 reconsideration of his previous request for correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his rank/grade as specialist four (SP4)/E-4. 2. The applicant states, in effect, he initially requested the Board correct his DD Form 214 to show his rank/grade as SP4/E-4 vice private (PVT)/E-1; however, the Board determined his DD Form 214 should be corrected to show his rank as private (PV2)/E-2. He finds that he deserves the rank/grade of SP4/E-4. After his initial request, he discovered military documents that were not previously submitted which support his request to show his rank/grade as SP4/E-4. 3. The applicant provides: * Special Orders Number 134, dated 21 November 1951 * Honorable Discharge Certificate, dated 13 February 1957 * DD Form 214 * Unit Orders Number 12, dated 1 October 1975 * Unit Order Number 1, dated 9 January 1976 * Special Orders Number 11, dated 22 January 1976 * JUMPS-Army Leave and Earnings Statement for the pay period 1-31 March 1976 * NGB (National Guard Bureau) Form 22 (National Guard Bureau Report of Separation and Record of Service) for the period ending on 8 April 1976 * NA Form 13038 (Certification of Military Service) for the period 11 April 1951 through 27 March 1953, dated 1 June 1998 * Three letters, dated 1 July 2015 and 7 July 2015 * DD Form 215 (Correction to DD Form 214), dated 8 July 2015 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140016234 on 14 May 2015. 2. The applicant provides new evidence, which warrants consideration by the Board. 3. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case. 4. The applicant's record contains a DD Form 214. Most of this document is illegible, as the print quality is extremely poor and the image is reduced in size. However, this form reveal the following entries: a. Item 3 (Grade-Rate-Rank and Date of Appointment) indicates his rank at the time of his separation; however, this entry is illegible. b. Item 6 (Effective Date of Separation) contains the date he was released from active duty; however, this entry is illegible. c. item 14 (Grade-Rate or Rank at Time of Entry in to Active Service) shows his rank/grade as private (PVT)/E-1. d. item 19 (Date and Place of Entry into Active Service) shows he enlisted in the Regular Army (RA) on 11 April 1951. 5. Special Orders Number 134, published by Headquarters, 53D Airborne Infantry, Camp Breckinridge, KY, on 21 November 1951 shows he was promoted from private first class (PFC)/E-3 to the temporary (T) rank/grade of corporal (CPL)/E-4. 6. Special Orders Number 68, published by Headquarters, Fort Devens, Fort Devens, MA on 26 March 1953, lists his name and shows his rank/grade as PV2/E-2. 7. His Honorable Discharge Certificate lists his rank as PVT/E-2 and shows he was released from the U.S. Army Reserve (USAR) (Active Status) and transferred to the USAR on 28 March 1953. This form also shows he was subsequently discharged from the Army of the United States on 13 February 1957. 8. On 5 September 2014, the applicant requested the ABCMR correct his DD Form 214 to show his rank/grade as SP4/E-4. On 14 May 2015, the Board determined the evidence presented supported a recommendation of partial relief. 9. On 8 July 2015, his DD Form 214 was corrected to show he separated from active service on 27 March 1953 in the rank/grade of PV2/E-2. 10. His record contains a Certification of Military Service, dated 1 June 1998, which shows he was a member of the RA from 11 April 1951 to 27 March 1953. He was honorably discharged and his last grade, rank or rating was listed as PVT. 11. He enlisted for a one-year term in the Rhode Island Army National Guard (RIARNG) on 9 April 1975. 12. Unit Order Number 12, published by Headquarters and Headquarters Detachment 243rd Engineer Battalion, RIARNG, on 1 October 1975 promoted him to the rank/grade of SP4/E-4 on 1 October 1975. 13. He may have been reduced in rank/grade during his period of service in the RIARNG, as Unit Orders Number 1, published by Headquarters and Headquarters Detachment 243rd Engineer Battalion, RIARNG, on 9 January 1976 promoted him to the rank/grade of SP4/E-4. 14. Special Orders Number 11, published by the RIARNG, on 22 January 1976 awarded him the ARNG Recruiter Badge. These orders show his rank as SP4. 15. He provided his JUMPS-Army Leave and Earnings Statement for the pay period 1-31 March 1976. This form shows his pay grade as E-4. 16. He provided a copy of his NGB Form 22, which shows he was honorably discharged from the RIARNG on 8 April 1976 in the rank/grade of SP4/E-4. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 2. NGR 600-200 (Enlisted Personnel Management) prescribes the criteria, policies, processes, procedures and responsibilities to manage ARNG Soldiers, including the preparation of the NGB Form 22. The State will prepare NGB Form 22 for every Soldier being separated from the ARNG or released from the custody and control of the military, unless the Soldier is being discharged for the purpose of immediate reenlistment, executes an interstate transfer, or the Soldier dies. DISCUSSION: 1. The applicant enlisted in the RA on 11 April 1951. He provides a copy of a Special Orders Number 134, which shows on 21 November 1951, he was promoted to the temporary rank/grade of CPL/E-4. However, the evidence of record show on 26 March 1953 he held the rank/grade of PV2/E-2. Special Orders Number 68, which list his rank as PV2/E-2, corroborates this evidence. 2. The applicant provided his discharge certificate, which shows he held the rank/grade of PV2/E-2 when he was released from active duty and transferred to the USAR on 28 March 1953 3. The applicant provided his NGB Form 22, which shows he served in the RIARNG from 9 April 1975 through 8 April 1976. He was honorably discharged from the RIARNG on 8 April 1976 in the rank/grade of SP4/E-4. 4. On 8 July 2015, the ABCMR corrected his DD Form 214 to show he separated from active service on 27 March 1953 in the rank/grade of PV2/E-2. 5. The DD Form 214 provides a record of a Soldier's active Army service at the time of release from active duty. The data and information contained in a DD Form 214 should reflect the conditions and circumstances that existed at the time the record was created. It does not reflect subsequent service in the ARNG. Subsequent service in the ARNG is reflected on a NGB Form 22 and should reflect the information, conditions, and circumstances, which existed at the time the record is created. 6. There is no evidence that shows he held the rank/grade of SP4/E-4 upon the completion of his active duty service on 27 March 1953, as reflected on his DD Form 214/DD Form 215 and Honorable Discharge Certificate. The applicant's subsequent service and discharge in the rank/grade of SP4/E-4 in the RIARNG is presumably correctly reflected on the NGB Form 22 he provides. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014186 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014186 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2