ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  

                  BOARD DATE:  4 April 2019

                  DOCKET NUMBER:  AR20160015641

APPLICANT REQUESTS:

Correction of his DD Form 214 (Report of Separation from the Armed Forces of the 
United States) to reflect his rank as SP5.

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)
*	Discharge Certificate, 30 April 1961

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10,          
U.S. Code, section 1552 (b); however, the Army Board for Correction of Military 
Records conducted a substantive review of this case and determined it is in the interest 
of justice to excuse the applicant's failure to timely file.

2.  The applicant's military records are not available for review.  A fire destroyed 
approximately 18 million service members' records at the NPRC, St. Louis, MO, in 
1973.  It is believed his records were lost or destroyed in that fire.  This case is being 
considered using the records that were available from the National Personnel Records 
Center.  

3.  The applicant states, his rank should be listed on his DD Form 214 as SP5 the same 
as is shown on his discharge certificate.  He noticed the error when his wife's headstone 
was ordered.

4.  The applicant's DD Form 214 lists his rank as SP2.  The effective date of separation 
was 18 May 1956.  Upon release from active duty, the applicant was transferred to the 
United States Army Reserve (USAR).

5.  The applicant's available service records contain Special Orders Number 68, 
published by Headquarters, US Army Advisor Group, USAR dated 28 April 1961.  
These orders are separating the applicant from the USAR.  His rank is listed as SP5.

6.  The applicant provides an honorable discharge certificate dated 30 April 1961.  His 
rank is listed as SP5 in the USAR.   

7.  Army Regulation 635-5 (Separation Documents) states in item 3 enter the active 
duty rank held at the time of separation.  The applicant was separated and issued a             
DD Form 214 upon completion of Active Duty on 18 May 1956 and transferred to the 
USAR to complete 8 years of service.  

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contentions were carefully 
considered.  He provided a certificate that shows he was a SP5 when discharged from 
the USAR on 30 April 1961.  It appears he was promoted to SP5 sometime after he was 
transferred from Active duty on 18 May 1956.  There is no evidence he was promoted to 
SP5 during the period covered by the DD Form 214.  Based upon the preponderance of 
evidence, the Board agreed there was no error or injustice in this case.

BOARD VOTE:

Member 1	Member 2	Member 3
:	      :	      :		Full Grant 
:	      :	      :		Partial Grant 
:	      :	      :		Formal Hearing Grant 
:X	:X	:X		Deny

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.



REFERENCES:

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.  

2.  Army Regulation 635-5 (Separation Documents) prescribes the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  It establishes standardized policy for the 
preparation of the DD Form 214, which provides a brief, clear-cut record of active Army 
service at the time of release from active duty, retirement or discharge.  It states in item 
4a enter the active duty rank held at the time of separation.

//NOTHING FOLLOWS//
	



ABCMR Record of Proceedings (cont)		AR20160015641
2