ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 July 2019 DOCKET NUMBER: AR20170013001 APPLICANT REQUESTS: correction of his rank on his discharge certificate from private (PVT) to private first class (PFC) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored statement * Discharge certificate * Request for overseas assignment * Orders showing his rank as PFC FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), 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 states: a. He served on active duty from 14 December 1962 to13 December 1965. He is grateful to have had the privilege to serve in the Army and believes his military background is the reason for his success in all aspects of his civilian life. He is making a valid application to the esteemed members of the Board to rectify an error on his DD Form 256A (Honorable Discharge Certificate). It should read PFC instead of PVT. b. Even though he was a Canadian citizen, from the time he was in high school, he wanted to sign up in the Armed Forces of the United States. His parents were very apprehensive about his enlistment due to the Cuban missile crisis, but he knew everything would be just fine. After training at several installations within the United States, he volunteered for an overseas assignment at a time when the Vietnam War was intensifying. He was ultimately sent to Germany for a seventeen month tour. To this day, he keeps the Code of Conduct for Members of the Armed Forces of the United States in his wallet. He has twice visited the beaches of Normandy to commemorate D-Day and has paid tribute to his fallen brothers at the American Cemetery near Omaha Beach. He asks that the Board correct his DD Form 256A at its earliest convenience. 3. The applicant provides: a. A three-page statement, dated 18 January 2017, the contents of which are captured above. b. A DD Form 256A showing he was honorably discharged from the Army of the United States on 23 June 1967. His rank is shown as PVT and his component is the United States Army Reserve (USAR). c. A partially legible order showing he volunteered for an overseas assignment. d. Special Orders Number 345, dated 11 December 1965, showing applicant among a group of six Soldiers being released from active duty effective 13 December 1965. His rank/grade appear as PFC/E-3. 4. The applicant’s service record shows: a. He enlisted in the Regular Army on 14 December 1962. b. On 13 November 1965, he received nonjudicial punishment (NJP) for being absent from his unit in Bad Kreuznach, Germany for a two hour period and threatening the charge of quarters upon his return. His punishment included reduction from PFC/E-3 to PVT/E-2. His appeal was denied, although a correction to the amount of forfeitures was made. c. Unit Orders Number 79, dated 13 November 1965, reduced him from PFC/E-3 to PVT/E-2 as a consequence of NJP. d. On 1 December 1965, he received NJP for being absent from the second bed check of his unit. He received thirty days restriction and thirty days extra duty. He was not further reduced and did not appeal. e. On 3 December 1965, Special Orders Number 151 directed that he report to Rhein/Main Air Force Base, Frankfurt, Germany on 5 December 1965 to return to the Continental United States for separation processing. His rank/grade is listed as PVT/E-2. f. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) released him from active duty and transferred him to the USAR Group (Reinforcement), effective 13 December 1965. It also shows: * item 3a (Grade, Rate or Rank), PVT (P) E-2 * item 3b (Date of Rank), 13 NOV 65 g. On 13 December 1965, a DA Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist) regarding applicant was dispatched to The Adjutant General State of New York. It shows his rank/grade as PVT/E-2. h. A letter, dated 2 May 1967, returning his Standby Reserve Folder and indicating Local Board No. 41, Malone, New York had been unable to locate applicant. 5. By law and regulation, discharge certificates were given to each lawfully inducted or enlisted member of the Army upon discharge from the service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows he received orders that reduced him in rank to that which is shown on his separation document. His record is absent orders showing he was promoted back to PFC prior to his separation. Based upon the preponderance of evidence, the Board agreed there was no error or injustice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 15-185, (Boards, Commissions, and Committees—Army Board for Correction of Military Records), provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for correction of a military record. Paragraph 2-9 states 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. 3. Title 10, USC, section 3811, in effect at the time, provides that a discharge certificate will be given to each lawfully inducted or enlisted member of the Army upon discharge from the service. 4. AR 600-20 (Personnel—General—Army Command Policy and Procedure), in effect at the time, establishes policy and prescribes certain procedures relative to the several basic aspects of command, military conduct and discipline, and the determination of precedence and date of rank. It states the first two enlisted grades of rank are private. The abbreviation for a private in the pay grade of E-2 is PV2. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170013001 4 1