IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160016595 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 IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160016595 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. IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160016595 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 items 1 (Last Name – First Name – Middle Name) and 3a (Grade, Rate, or Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states: * item 1 of his DD Form 214 should be corrected to show his first name as S___L, his middle name as W____, and the suffix Jr. * item 3a of his DD Form 214 should be corrected to show his rank/grade as specialist four (E-4) 3. The applicant provides: * DD Form 214 * AGPZ Form Letter 554 – letter from the Department of the Army Office of the Adjutant General, dated 11 July 1969 * AGPZ Form 722 – Department of the Army Special Order Number 133, dated 11 July 1969 * AGPZ Form 977 (Data for Retired Pay), dated 11 July 1969 * U.S. Uniformed Services Identification Card * Maryland driver's license * Department of Veterans Affairs Member Identification Card 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 records are not available for review. The National Personnel Records Center search failed to locate service records under the Army service number or social security number shown on his DD Form 214. This case is being considered based on the documents provided by the applicant. 3. The DD Form 214 he provided shows in: a. item 1 (Last Name – First Name – Middle Name), his first name as S___E, middle name as L____, and no suffix; b. item 3a (Grade, Rate, or Rank), his rank as private first class and grade as E-3, permanent; c. item 3b (Date of Rank), his date of rank as 6 May 1965; d. item 16 (Date Inducted), he was inducted into the Army of the United States on 5 August 1964; e. item 11a (Type of Transfer or Discharge), he retired by reason of temporary physical disability; f. item 11c (Reason and Authority), he was placed on the Temporary Disability Retired List (TDRL); g. item 11d (Effective Date), he was separated from active duty effective 9 September 1966; h. item 32 (Remarks), no entries pertaining to grade, rate, or rank; and i. item 34 (Signature of Person Being Transferred or Discharged), a legible signature showing his first name as S___E, middle initial as L, and no suffix. 4. His records contain no document or instrument showing he was promoted or advanced to the rank/grade of specialist four/E-4 prior to his placement on the TDRL. 5. He provided Department of the Army Special Order Number 133, dated 11 July 1969, showing he was removed from the TDRL effective 31 July 1969 and permanently retired. These orders show his first name as S___E, his middle initial as L, and no suffix; and his rank as specialist four. 6. He also provided the following documents showing his first name as S___E, his middle initial as L, and no suffix; and his rank as specialist four: * letter from the Office of the Adjutant General, dated 11 July 1969, subject: Transmittal of Separation Documents * Data for Retired Pay, dated 11 July 1969 7. He further provided various current forms of identification showing his first name as S___L, his middle initial as W, and the suffix Jr. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. a. The instructions for item 3a (Grade, Rate, or Rank) state to enter the grade in which serving at the time of separation, indicating whether permanent or temporary. If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank (if different from date of appointment) will be entered in item 32 (Remarks). b. A DD Form 214 will not be issued to personnel being removed from the TDRL. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's military records are not available for review. 2. Although his U.S. Uniformed Services Identification Card, Maryland driver's license, and Department of Veterans Affairs Member Identification Card show his first name as S___L, his middle name as W____, and the suffix Jr., his DD Form 214 shows his first name as S___E, his middle name as L____, and no suffix when he retired by reason of temporary disability on 9 September 1966. 3. The documentation he provided removing him from the TDRL and permanently retiring him, dated 11 July 1969, shows the same name as shown on his DD Form 214. In the absence of Army records showing he ever used the first name S___L, the middle name W____, and the suffix Jr. during his military service, administrative regularity is presumed. 4. He contends his rank and grade are incorrect as shown on his DD Form 214 and should read specialist four/E-4. His DD Form 214 shows his rank and grade as private first class/E-3 (permanent) when he retired by reason of temporary physical disability on 9 September 1966. 5. The documentation he provided removing him from the TDRL and permanently retiring him, dated 11 July 1969, shows his rank and grade as specialist four/E-4. 6. His records contain no document or instrument showing he was promoted or advanced to the rank/grade of specialist four/E-4 prior to his placement on the TDRL. 7. The DD Form 214 is a "snapshot in time" and is a reflection of his record of active Army service at the time of his release from active duty. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016595 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016595 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2