SAMR-RB 20 December 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20160004783 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 5 December 2017, in which the Board members unanimously recommended partial relief of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by issuing a DD Form 215 (Correction to DD Form 214) to correct item 9 on both of his DD 214's to delete the current entry and add the date of birth that appears on his Certificate of Birth; and on DD Form 214 dated 26 February 1971 delete the current entries from items 5a, 5b, and 6 to add the following entries: • item 5a: "SP5 (T)" • item 5b: "E-5" • item 6: "14 Dec 70" • item 30: "SP4 E4, APPOINTED 16 AUGUST 1968" 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 20 April 2018. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence . BY ORDER OF THE SECRETARY OF THE ARMY : Encl dbl - d . I Deputy Assistant Secretary of the Army (Review Boards) BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160004783 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ __x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160004783 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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) correcting item 9 of his 26 February 1968 DD Form 214 to delete the current entry and add the date of birth that appears on his Certificate of Birth; and b. issuing a DD Form 215 correcting item 9 of his 26 February 1971 DD Form 214 to delete the current entry and add the date of birth that appears on his Certificate of Birth. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to his rank/grade. ___________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: 5 December 2017 DOCKET NUMBER: AR20160004783 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 correct date of birth (DOB) and the rank/grade he held at the time of his separation. 2. The applicant states his DD Form 214 shows his DOB as "X XXXX" instead of "X ch XXXX." He also states he held the rank of specialist five (SP5)/pay grade E-5 at the time he was released from active duty (REFRAD). He adds that the corrections will allow him to apply for veterans' benefits. 3. The applicant provides copies of his birth certificate, DA Form 2139 (Military Pay Voucher), and 1971 DD Form 214. 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. A DD Form 47 (Record of Induction) shows the applicant was inducted into the U.S. Army on 12 December 1967. It also shows in item 5 (DOB: Day – Month – Year): "X XX." 3. A DD Form 214 shows he was honorably discharged on 26 February 1968 to enlist in the Regular Army (RA). He had completed 2 months and 15 days of net/ total active service this period. It also shows in item 9 (DOB): "X XX" 4. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 2 (Grade): "SP4 E-4" * item 3 (Date of Rank (DOR)): "16 Aug 1968 * item 6 (DOB): "X XX" * item 33 (Appointments and Reductions: Rank, Grade (Promotion: Permanent (P) or Temporary (T)), DOR) – * Private, E-1 (P), 12 December 1967 * Private, E-2 (P), 12 April 1968 * No entry for Private First Class (PFC), E-3 * Specialist Four (SP4), E-4 (T), 16 August 1968 5. Headquarters, 197th Support Battalion, Fort Benning, GA, Unit Orders Number 107, dated 21 September 1970, appointed the applicant to the temporary grade of SP5 (E-5) effective 14 September 1970. 6. Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Special Orders Number 49, dated 18 February 1971, reassigned the applicant to the U.S. Army Transfer Point for REFRAD on 26 February 1971. The orders show his rank as "SP4." 7. A DD Form 214 shows the applicant entered active duty this period on 27 February 1968, was honorably REFRAD on 26 February 1971, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve service obligation. He had completed 3 years of net/total active service this period. It also shows in – * item 5a (Grade, Rate or Rank): "SP4" * item 5b (Pay Grade): "E-4" * item 6 (DOR): "16 Aug 68" * item 9 (DOB): "X XX" * item 30 (Reks), no entry pertaining to his permanent rank/grade 8. In support of his application the applicant provides the following documents. a. State of Michigan, Certificate of Birth, Michigan Department of Health, Bureau of Records and Statistics, that shows the applicant's DOB (i.e., Day, Month, Year): "X – 3 – XX." b. DA Form 2139, dated 9 February 1971, for the pay period 1–26 February 1971. It shows in item 13 (Basic Pay Grade): "E-5." REFERENCES: Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. a. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. b. The instructions show, in pertinent part, for: * item 5a, enter grade in which serving at time of separation, indicating whether permanent or temporary (e.g., "SGT (T)") * item 5b, enter pay grade (e.g., "E-5") * item 6, enter DOR for the grade shown in item 5a * item 9, "Self-explanatory" * item 30, if grade as shown in item 5 is not permanent, enter permanent grade and date of appointment or DOR, as appropriate (e.g., "Item 5 – SP4 (P) (E-4), appointed 1 67") DISCUSSION: 1. The applicant was inducted on 12 December 1967 and he was honorably discharged on 26 February 1968. a. His Record of Induction shows his DOB was recorded as "X ch XXXX." b. The DD Form 214 he was issued on 26 February 1968 incorrectly shows his DOB as "X XX." 2. The applicant enlisted in the RA on 27 February 1968 and he was honorably REFRAD on 26 February 1971. a. The DD Form 214 he was issued on 26 February 1971 incorrectly shows his DOB as "X XX." b. Records show he was appointed/promoted to: * SP4 (T), E-4, on 16 August 1968 * SP5 (T), E-5, on 14 September 1970 (1) Item 5a, item 5b, and item 6 of his 26 February 1971 DD Form 214 show the rank as "SP4", grade as "E-4", and DOR as "16 Aug 68". However, the evidence of record shows he held the rank/grade of SP5 (T), E-5, with a DOR of 14 September 1970 at the time he was REFRAD. (2) It is also noted that item 30 of his DD Form 214 does not show his permanent rank/grade at the time he was REFRAD. Based on the evidence of record, it appears he held the permanent rank/grade of "SP4/E-4" with a date of appointment of "16 August 1968." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004783 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004783 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2