IN THE CASE OF: BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160004079 BOARD VOTE: ___x_____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 October 2017 DOCKET NUMBER: AR20160004079 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. issuing a DD Form 215 (Correction to DD Form 214) to delete the current entry from item 3 of his DD Form 214 and add the entry, "CPL (T) 21 NOV 52"; and b. notifying the National Personnel Records Center (Military Personnel Records), National Archives and Records Service, 9700 Page Boulevard, St. Louis, MO 63132, and requesting action be taken to void the Certification of Military Service that was issued on 13 September 1983, and issuance of a new Certification of Military Service showing his correct grade of rank (i.e., corporal). ______________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: 17 October 2017 DOCKET NUMBER: AR20160004079 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, in effect, correction of the rank shown on the Certification of Military Service that he was issued. 2. The applicant states the Certification of Military Service he was issued on 13 September 1983 shows he was a "private"; however, he held the rank of "corporal" at the time of his discharge. He requests correction of this military record for the purpose of getting his personal affairs in order. 3. The applicant provides a self-authored statement (summarized above) and copies of his: * DD Form 217A (Certificate of Service) * DD Form 214 (Report of Separation from the Armed Forces of the United States) * R6-6954 (United States of America, Certification of Military Service) 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's military service 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record, along with the documents the applicant provides in support of his application, for the Board to conduct a fair and impartial review of this case. 3. The applicant was inducted into the U.S. Army on 11 May 1951. a. He was awarded military occupational specialty 3835 (Supply Records Specialist). b. He served overseas in Germany from 30 September 1951 through 13 April 1953. 4. A WD AGO (War Department – Adjutant General's Office) Form 24A (Service Record), Section 12 (Appointments, Promotions, or Reductions), in pertinent part, shows: Grade or Rating (Temporary Grade) Date of Rank Private (E-1) 11 May 1951 Private (E-2) 11 September 1951 Private First Class (E-3) 1 February 1952 Corporal (E-4) 21 November 1952 5. A DD Form 214 shows the applicant was inducted and entered into active duty on 11 May 1951, honorably released from active duty (REFRAD) on 30 April 1953, and transferred to the Enlisted Reserve Command, Quartermaster Corps, Third Army Area, Headquarters, Georgia Military District, Atlanta, GA, to complete his Reserve service obligation. a. He had completed 1 year, 11 months, and 20 days of net service this period that included 1 year, 6 months, and 4 days of other service. b. It also shows in: * item 3 (Grade – Rate – Rank and Date of Appointment): "Cpl (T) 21 Nov 22" [sic] [Corporal (Temporary), 21 November 1922] * item 18 (Grade – Rate or Rank at Time of Entry into Active Service): "Pvt" (Private) 6. In support of his application the applicant provides the following documents. a. DD Form 217A (Certificate of Service) that shows he served honorably on active duty from 11 May 1951 to 30 April 1953 in the Quartermaster Corps and he held the rank of corporal. b. United States of America, Certification of Military Service, issued on 13 September 1983, that shows he was a member of the Army of the United States from 11 May 1951 to 30 April 1953 and his service was terminated by honorable discharge. It also shows, "Last Grade, Rank, or Rating: Private." REFERENCES: Service Regulations Number 615-360-1 (Discharge Procedures and Preparation of Separation Forms), in effect at the time of the applicant's separation from the Army, prescribed the discharge procedures and separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. It shows the DD Form 214 is completed from the Soldier's Service Record, Qualification Card, Immunization Register, and other available records. During preparation of the DD Form 214, the correction of a typographic error on the DD Form 214 (i.e., by a pen and ink change) was not authorized. If a typographic error was made and discovered, the DD Form 214 was to be destroyed and a new DD Form 214 completed. Errors discovered after the DD Form 214 was issued were to be made by issuing a DD Form 215 (Correction to DD Form 214). DISCUSSION: 1. The applicant contends the Certification of Military Service he was issued on 13 September 1983 should be corrected to show he was discharged in the rank of corporal. 2. The available military personnel records show the applicant was inducted into the U.S. Army on 11 May 1951, he was promoted to the grade of rank of corporal on 21 November 1952, and he was honorably discharged on 30 April 1953. a. Item 3 of his DD Form 214 shows his correct rank (i.e., corporal); however, the entry pertaining to his date of rank (i.e., 21 November 1922) is incorrect. b. The United States of America, Certification of Military Service, issued on 13 September 1983, shows "Last Grade, Rank, or Rating: Private", which is incorrect. 3. Based on the evidence of record, it appears that administrative errors occurred with respect to his date of rank and grade/rank (respectively) when the two documents (cited above) were prepared. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004079 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004079 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2