IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150015141 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: 13 October 2016 DOCKET NUMBER: AR20150015141 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: 13 October 2016 DOCKET NUMBER: AR20150015141 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his rank/grade as specialist five (SP5)/E-5 * his separation date as 13 December 1971 * his military occupational specialty as 35K (Avionics Mechanic) 2. The applicant states his DD Form 214 lists the wrong date of separation, wrong rank, and wrong time in service. 3. The applicant provides: * Honorable Discharge Certificate * Certificate of Appreciation (showing SP5) 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 (AUS) on 4 February 1969. He reported to Fort Leonard Wood, MO, for basic combat training. 3. He was honorably discharged on 9 February 1969 for the purpose of immediate enlistment in the Regular Army (RA). His DD Form 214 for this period of service shows he completed 6 days of active service. It also shows in: * Item 5a (Grade, Rate, or Rank) – private (PVT) * Item 5b (Pay Grade) – E-1 * Item 11d (Effective Date (of Separation)) – 9 February 1969 * Item 23a (Specialty Number and Title) – 09B Basic 4. He enlisted in the RA on 10 February 1969. He completed basic combat and advanced individual training. He was awarded MOS 35K. He served in Germany and Vietnam. 5. On 24 April 1971, Headquarters, 307th Combat Aviation Battalion published Special Orders (SO) Number 112 promoting him to SP5/E-5 effective 20 April 1971. 6. On 18 November 1971, Headquarters, U.S. Army Flight Training Center, Fort Stewart, GA, published SO Number 253 ordering him to report to the U.S. Army Transfer Point for separation processing with an effective date of separation of 13 December 1971. This order shows his rank as SP5. 7. He was honorably released from active duty on 13 December 1971. His DD Form 214 for this period of service shows he completed 2 years, 10 months, and 4 days of active service and had 6 days of prior active service for a total of 2 years, 10 months, and 10 days. It also shows in: * Item 5a and Item 5b – SP5 and E-5 respectively * Item 11e – 13 December 1971 * Item 23a – 35K2O, Avionics Mechanic REFERENCES: 1. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document was to provide the individual with documentary evidence of their military service. Chapter 2 contained guidance on the preparation of the DD Form 214. It stated: * Items 5a and 5b will show the active duty rank and pay grade at the time of the Soldier's separation * the rank is taken from the Soldier’s promotion/reduction orders and item 6 would show their date of rank * Item 11d shows the separation date * Item 23a shows the Soldier's primary MOS and title 2. Effective 1 October 1979, military personnel who were discharged for the purpose of immediate enlistment/reenlistment were no longer issued a separate DD Form 214. DISCUSSION: 1. The applicant completed two periods of active service. At the time, a separate DD Form 214 was issued for each period of service. a. He was inducted into the AUS on 4 February 1969 and he was discharged on 9 February 1969, completing 6 days of active service. He had not attained a rank/grade higher than PVT/E-1 on the date he was discharged and he had not been awarded any military specialties. His DD Form 214 for this period correctly credited him with 6 days of active service, listed his rank/grade as PVT/E-1, and listed his separation date of 9 February 1969. b. He enlisted in the RA on 10 February 1969 and served through 13 December 1971. He completed training and was awarded MOS 35K. He rose through the ranks and was promoted to SP5/E-5 on 20 April 1971. His DD Form 214 for this period correctly credited him with 2 years, 10 months, and 4 days of active service with 6 days of prior active service for a total of 2 years, 10 months, and 10 days. It also correctly listed his rank/grade as SP5/E-5 effective 20 April 1971 and his separation date of 13 December 1971. 2. Neither of the applicant's DD Forms 214 contains an error in the items he has identified. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015141 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015141 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2