BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160002293 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: 31 October 2017 DOCKET NUMBER: AR20160002293 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: 31 October 2017 DOCKET NUMBER: AR20160002293 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 and pay grade as sergeant, E-5. 2. The applicant states he would like to get this corrected so that his funeral arrangements can be completed and his grave stone engraved properly. He was promoted on 26 June 1968. 3. The applicant provides copies of ? * his DD Form 214 * 3rd Armored Division Special Orders Number 184, dated 5 July 1968 * U.S. Army Reserve (USAR) discharge orders * 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 was inducted into the Army of the United States on 13 July 1966. He completed training as a heavy vehicle driver and served in Germany. 3. His DA Form 20 (Enlisted Qualification Record) shows he was advanced to pay grade E-4 on 28 November 1967 and indicates that this was the highest grade he held. 4. His release from active duty (REFRAD) orders, dated and effective 22 June 1968, show his rank as specialist four and his pay grade as E-4. 5. His DD Form 214 shows he was REFRAD on 22 June 1968 as a specialist four in pay grade E-4. 6. The applicant provides: a. 3rd Armored Division Special Orders Number 184, dated 5 July 1968, showing he was to be promoted to sergeant, E-5 on 26 June 1968; however, he had already been REFRAD by then. b. Discharge orders and an Honorable Discharge Certificate, dated 21 June and 2 July 1972, respectively, showing he was a sergeant. REFERENCES Army Regulation (AR) 635-5 (Separation Documents) sets out the policy and provides the instructions for completing separation documents. Paragraph 2-1 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. DISCUSSION: 1. The applicant was promoted to sergeant on 26 June 1968; however he had already been REFRAD by that date. 2. The applicant's DD Form 214, which contains information from his most recent period of continuous active duty, correctly reflects the highest rank he obtained while on active duty, which was specialist four. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002293 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002293 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2