ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 September 2019

	DOCKET NUMBER:  AR20170018040


APPLICANT REQUESTS:  his rank be corrected on his DD Form 214 to reflect 
Specialist

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 2139 (Military Pay Voucher)
*	Form 520 (Rifle Card)
*	2 NA Form 13038 National Archives and Records Division St Louis

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 his reconstructed DD Form 214 (Certification of Military Service) 
from the National Archive shows he was discharged as a Private.  However, he has a 
wallet rifle card, which shows his rank as Specialist.  He also has a pay stub, dated     
16 July 1960 and he would like this error corrected.

3.  The applicant provides:

a.  DA Form 2139, dated 16 July 1960, which shows his rank as Private First Class.

b.  Form 520, which shows his rank as Specialist.

   c.  Two certificates from National Personnel Records Center, which show his rank as 
Private.

4.  The applicant’s 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 in 1973.  It is believed that the applicant’s records were lost or 
destroyed in that fire.  The documents that were reconstructed shows:

a.  He served in the US, Army Reserves from 8 March 1956 to 12 October 1957.

b.  He was honorably discharged on 12 October 1957 in the rank of Private.

5.  Army Regulation (AR) 635-5 (Personnel Separations – Administrative Separation 
Procedures and Forms), establishes uniform administrative procedures and separation 
forms to be used in connection with the relief from active duty or complete separation 
from the military service of commissioned officers, warrant officers, and enlisted 
personnel.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted.  The applicant’s contentions were carefully considered.  His 
military record was not available for the Board to review.  He provided a DA Form 2139 
that shows his paygrade as E-3 in item 13, and a weapons card listing his rank as SP4.  
The Board determined there is insufficient evidence to grant relief as there is clear cut 
information showing he was promoted to SP4.

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) 635-5, establishes uniform administrative procedures and 
separation forms to be used in connection with the relief from active duty or complete 
separation from the military service of commissioned officers, warrant officers, and 
enlisted personnel.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170018040

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