ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  12 July 2019

	DOCKET NUMBER:  AR20170018365


APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 5 August 1962, to show his rank/grade as staff sergeant (SSG)/E-6 vice sergeant (SGT)/E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214, dated 5 August 1962
* U.S. Army Reserve (USAR) Discharge Orders

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 that he enlisted on 25 September 1961 and was called to active duty with the 400th Regiment at Fort Chaffee, AR for 10 months.  His service number was changed from BR to US.  He was a SGT when he was released from active duty.  While in the Reserve, he was promoted to SSG/E-6. 

3.  Review of the applicant's service records shows: 

	a.  He enlisted in the USAR for 6 years on 27 July 1959.  He was assigned a Service Number that started with the letters BR.

	b.  He entered active duty for training (ACDUTRA) on 13 September 1959 and completed training for award of military occupational specialty 440.00 (Metal Worker helper).  

	c.  He was honorably released from ACDUTRA, in the rank/grade of private/E-2 on 12 March 1960.  His DD Form 214 show she completed 6 months of active service.  

	d.  Between October 1961 and August 1962, he was assigned to Company G, 400th Regiment (Training) at Fort Chaffee, AR.  

	e.  He was ordered to active duty on 25 September 1961.  

	f.  On 16 May 1962, Headquarters, 100tth Division (Training), Fort Chafee, AR published Special Orders Number 110 promoting him to SGT/E-5 effective 16 May 1962. 

	g.  He was honorably released from active duty on 5 August 1962.  His DD Form 214 for this period of service shows in Block 3a (Grade, Rate, or Rank) the entry SGT/E-5 (Temporary) and in Block 3b (date of Rank) as 16 May 1962. 

	h.  After his release from active duty, on 11 November 1963, Headquarters, 400th Regiment, published Special Orders Number 36, promoting him to SSG/E-6. 

	i.  He was honorably discharged from the USAR, in the rank of SSG, on 30 June 1965. 

4.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  The information entered thereon reflects the conditions as they existed at the time of separation.  Blocks 3a and 3b reflect the active duty rank/grade and effective date of pay grade at the time of separation (i.e., release from active duty). 

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.  The record shows he was promoted to SSG after the period covered by the DD Form 214 as a member of the USAR.  Based upon regulatory guidance, the Board determined 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 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  The instructions for completing the DD Form 214 specified:

* item 3a shows the active duty rank/grade held at the time of separation, and whether permanent or temporary
* item 3b shows the effective date of rank (of the rank a Soldier held at the time of separation)
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170018365


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