IN THE CASE OF: BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20170008419 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. IN THE CASE OF: BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20170008419 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 IN THE CASE OF: BOARD DATE: 9 April 2019 DOCKET NUMBER: AR20170008419 APPLICANT'S REQUEST AND STATEMENT: 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 18 March 1966, to show he was separated on 18 March 1969 versus 18 March 1966, and to show he was separated in the rank/grade of sergeant (SGT)/E-5. 2. The applicant states his DD Form 214 shows he was separated on 18 March 1966 but should show he was separated on 18 March 1969. He is finalizing a mortgage loan and need the correction to lock in a lower interest rate. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * DD Form 214, for the period ending 18 March 1966 * DA Form 137 (Installation Clearance Record), dated 18 March 1969 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Form 214, for the period ending 18 March 1969 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 that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states: a. A DD Form 214 will be prepared for an active Army Soldier on termination of active duty by reason of administrative separation. b. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment. DISCUSSION: 1. While 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 was inducted into the Army of the United States on 14 March 1966. He was discharged on 18 March 1966 for the purpose of immediate enlistment in the Regular Army. He was issued a DD Form 214 for this period of service. 3. The applicant enlisted in the Regular Army on 19 March 1966. 4. The applicant provides a DA Form 137, dated 18 March 1969, which shows his rank/grade as specialist five (SP5)/E-5. 5. The applicant was released from active duty on 18 March 1969. The DD Form 214 he was issued shows: * he was released from active duty in the rank of SP [sic] and the corresponding grade of E-5 * he was credited with three years of net active service this period and five days of prior active service 6. At the time of the applicant's service a DD Form 214 was issued for any enlistment or reenlistment and contains information for the period served. 7. The available record does not include any evidence of a rank title conversion to sergeant, E-5. The second DD Form 214 includes the applicant's correct date of entry and grade at the time of his release from active duty on 18 March 1969. //NOTHING FOLLOWS// ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170008419 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2