IN THE CASE OF: BOARD DATE: 19 December 2019 DOCKET NUMBER: AR20170006637 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Report of Separation and from the Armed Forces of the United States to show: * his rank as specialist four (SP4) vice private first class (PFC) * his place of birth as Newington, GA vice Newton, GA APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 ending on 6 July 1955 * NGB Form 22 (Report of Separation and Record of Service), ending on 1 May 1959 * Birth certificate FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR 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 states he wants his rank of SP4 reinstated to his records. He was promoted to SP4 in 1954 while he was in Korea. After his separation from active duty in 1955, he joined the Army National Guard (ARNG) and as the Board can see, he was separated from the ARNG in the grade of SP4. He also states that he was born in Newington, GA; not Newton, GA. He provides his birth certificate 3. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed his 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. a. His birth certificate shows he was born on XX M__ 19## in Newington, GA. b. His DD Form 214 shows he entered active duty on 25 August 1953 in New York City, NY, in the grade of private/E-1. At the time of separation * he held military occupational specialty (MOS) 4345 (Truck Driver) * his most significant duty assignment (i.e., last duty assignment) was Company A, 839th Engineer Aviation Battalion c. Special Orders Number 11, issued by Headquarters, Personnel Center, Fort Dix, NJ on 1 July 1955 released him from the 1264th Army Service Unit (Transient) effective 6 July 1955. The orders listed his rank as PFC. d. His DD Form 214 shows he completed 1 year, 10 months, and 12 days of active service, of which 9 months and 4 days was foreign service. e. He was honorably released from active duty on 6 July 1955 and transferred to the Army Reserve to complete his remaining service obligations. His DD Form 214 shows in: * Block 3 (Grade, rate Rank and date of Appointment) - PFC (T) (Temporary) and his date of rank was 13 December 1954 * Block 11 (Place of Birth), Newton, GA f. On 10 August 1955, Headquarters, New York Military District (Army Reserve) published Special Orders Number 156 transferring him to the U.S. Army Reserve effective 7 July 1955. The orders listed his rank as PFC. g. His NGB Form 22 shows he enlisted in the New York Army National Guard (NYARNG) for 3 years on 2 May 1956. He held MOS 130.00 (Personnel Carrier Driver). h. He was honorably separated from the NYARNG on 1 may 1959. His NGB Form 22 show she completed 3 years of ARNG service. It also shows in: * Block 3 (Grade) SP4 E-4 * Block 11 (Place of Birth) Newton Georgia i. His reconstructed records do not contain orders promoting him to SP4 while on active duty between 25 August 1953 and 6 July 1955. 4. By regulation (AR 635-5), the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. 5. By regulation (National Guard Regulation 600-200 (Enlisted Personnel Management), the NGB Form 22 is issued by the State or the NGB. Correction of this form belongs to the State that issued it or the NGB. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found sufficient evidence to show that the applicant’s place of birth reflected in Block 11 of the applicant’s DD Form 214 was entered in error and warranted correction. However, the Board also found that based upon the documentary review, there was insufficient evidence to show that the applicant ever achieved the rank of SPC prior to departing active duty service. Therefore, the Board concluded the rank depicted is corrected based upon all documentary evidence available. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing the place of birth reflected in Block 11 to read, “Newington, GA”. 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 changing the applicant’s rank. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 3 of the DD Form 214 shows the grade and date of rank of the grade held at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170006637 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1