BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160001126 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 BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160001126 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. BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20160001126 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as specialist four (SP4)/E-4. 2. He states he believes his rank should be listed as SP4/E-4. 3. He provides: * Special Orders Number 168, dated 16 July 1963 * DD Form 214 * Honorable Discharge Certificate 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 18 February 1963 for 3 years in the rank/pay grade of private (PVT)/E-1). 3. His DA Form 24 (Service Record) shows he was promoted to PVT/E-2 (Permanent (P)) on 18 June 1963. 4. The applicant's records are void of promotion orders or any documents that show he attained the rank of SP4/E-4. 5. Special Orders Number 168, issued by the U.S. Army Military and Missile Center, Fort Sill, OK, dated 16 July 1963, reassigned him to the U.S. Army Reserve Control Group. The effective date of change of strength accountability and released from active duty (REFRAD) date were listed as 19 July 1963. Additionally, the orders stated there were no years of service in pay grade E-4. 6. On 19 July 1963, he was honorably REFRAD. His DD Form 214 shows he completed 5 months and 2 days of active service. It also shows his rank/pay grade as PVT/E-2 (P) with a date of rank of 18 June 1963. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The regulation states that 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. Appendix III requires the preparer to enter the grade in which serving in Item 3a at the time of separation indicating whether permanent or temporary. DISCUSSION: The applicant’s records are void of and the applicant has not provided any evidence that shows he was ever promoted and/or served in the rank/grade of SP4/E-4. His DD Form 214 shows his rank as PVT/E-2 (P) with a date of rank of 18 June 1963, which is consistent with the information contained in his DA Form 24. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001126 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001126 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2