BOARD DATE: 11 January 2018 DOCKET NUMBER: AR20160005398 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: 11 January 2018 DOCKET NUMBER: AR20160005398 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: 11 January 2018 DOCKET NUMBER: AR20160005398 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) for the period ending 6 August 1962 to show he was separated in the rank of specialist five (SP5) instead of private first class (PFC). 2. The applicant states his DD Form 214 shows his rank as PFC but his DD Form 256A (Honorable Discharge Certificate) and U.S. Army Administration Center (USAAC) Form 825 (U.S. Army Reserve (USAR) Letter Order) show his rank as SP5. 3. The applicant provides his DD Form 214 for the period ending 6 August 1962, his DD Form 256A, and USAR Letter Orders dated 23 November 1968, subject: Discharge from USAR. 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 USAR on 8 December 1960. He served on active duty for training from 11 June to 14 October 1961. He was issued a DD Form 214 for this period of active service that shows his rank and grade as private/E-2. 3. The applicant again entered active duty as a member of the USAR on 15 October 1961. 4. The applicant's DA Form 24 (Service Record) shows he was promoted to the rank/grade of PFC/E-3 on 13 February 1962. 5. The applicant was released from active and returned to the USAR on 6 August 1962 to complete his remaining service obligation. He was issued a DD Form 214 for this period of active service that shows he was separated in the rank/grade of PFC/E-3. 6. There is no evidence that indicates the applicant was promoted to SP5 during the period covered by his DD Form 214. His record contains a second DA Form 24 that shows he was promoted to specialist four on 10 June 1964 and to SP5 on 30 June 1964. 7. The applicant was discharged from the USAR on 30 November 1968. His DD Form 256A and USAAC Form 825 show he was discharged from the USAR in the rank of SP5. 8. The applicant's record does not contain any additional DD Forms 214. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect during the applicant's period of active service, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, release from active duty service, or control of the active Army. The regulation provided that in item 3 of the DD Form 214, the grade in which serving at time of separation would be entered. DISCUSSION: 1. The applicant contends that his DD Form 214 for the period ending 6 August 1962 should be corrected to show he was separated in the rank of SP5. 2. The evidence shows the applicant entered active duty as a member of the USAR on 15 October 1961. The evidence also shows he was promoted to the rank/grade of PFC/E-3 on 13 February 1962 and he was released from active duty on 6 August 1962 while serving in that rank and grade. Therefore, he was issued a DD Form 214 showing his rank at the time of his separation was PFC. 3. The evidence further shows the applicant was promoted to SP5 on 30 June 1964; however, this promotion occurred after the period covered by his DD Form 214. His DD Form 214 for the period ending 6 August 1962 correctly shows his rank at the time he was released from active duty as PFC. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005398 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005398 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2