BOARD DATE: 22 May 2018 DOCKET NUMBER: AR20160007348 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 22 May 2018 DOCKET NUMBER: AR20160007348 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 grade of rank and the date of rank (DOR) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states the last grade of rank he held was specialist four (SP4), temporary (T)/pay grade E-4. However, the grade of rank shown in item 3a (Grade, Rate or Rank) of his DD Form 214 shows "SP3 (T)" (specialist three)." 3. The applicant provides a copy of his DD Form 214 and Special Orders Number 50, dated 12 March 1959. 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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. Headquarters, Transfer Station, Fort Sheridan, IL, Special Order Number 234, dated 25 October 1956, released the applicant from assignment and active duty on 25 October 1956 and transferred him to the U.S. Army Reserve (USAR) Control Group (Reinforcement). The Standard Name Line (SNL) of the order shows his rank as "SP3." 4. The applicant's DD Form 214 shows he was inducted into the U.S. Army and entered active duty on 26 January 1955, was honorably released from active duty on 25 October 1956, and transferred to the USAR Indiana Military District. a. He had completed 1 year and 9 months of total active service this period. b. His DD Form 214 shows, in pertinent part, in – * item 3a: "SP3 (T)" * item 3b (DOR): 25 September 1956 * item 32 (Remarks): "Item 3a: Pvt2 (P) [private/pay grade E-2 (permanent)], Aptd [Appointed] 26 May 1956" * item 34 (Signature of Person Bing Transferred or Discharged), the applicant placed his signature on the form 5. Headquarters, VI United States Army Corps (Reserve), Fort Benjamin Harrison, Indianapolis, IN, Special Order Number 50, dated 12 March 1959, reassigned the applicant from the USAR Control Group (Reinforcement) to the USAR Control Group (Standby) on 7 March 1959. The SNL of the order shows his grade of rank as "SP4 (E-4)." REFERENCES: Army Regulation 635-5 (Administrative Separation Procedures and Forms), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. a. The regulation states that 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. b. Appendix 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 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. It also shows, in pertinent part, for – * item 3a, for enlisted personnel enter grade in which serving at time of separation indicating whether permanent or temporary (e.g., "SP3(T)") * item 3b, enter DOR for the grade shown in item 3a * item 32, if grade as shown in item 3a is not permanent, enter permanent grade, date of appointment, and DOR, if different from date of appointment (e.g., "Item 3a – PVT (P), Aptd 13 September 1955" DISCUSSION: 1. The applicant's request for correction of the grade of rank shown on his 25 October 1956 DD Form 214 was carefully considered. 2. The evidence of record shows that special orders and the applicant's DD Form 214 show he held the grade of rank of "SP3 (T)" at the time he was released from active duty on 25 October 1956. a. On 26 October 1956, he was transferred to the USAR Control Group (Reinforcement) to complete his Reserve service obligation. b. Special orders transferred him to the USAR Control Group (Standby) on 7 March 1959 and show his rank as "SP4 (T)." 3. The evidence of record shows the applicant's DD Form 214 accurately shows his correct grade of rank and DOR (for both his temporary and permanent appointments) at the time of his release from active duty on 25 October 1956. In addition, the SO accurately shows his rank/grade at the time of his transfer to the USAR Control Group (Standby) on 7 March 1959. BOARD DATE: 22 May 2018 DOCKET NUMBER: AR20160007348 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007348 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007348 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2