ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 17 May 2019 DOCKET NUMBER: AR20180005944 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following: * Air Medal * Parachutist Badge * rank/grade as staff sergeant (SSG)/E-6 * dates of service APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders (GO) Number 1996. Dated 27 July 1968 * Special Orders (SO) Number 300, dated 27 October 1969 * DD Form 214, dated 2 January 1970 * DD Form 215 (Correction to DD Form 214), dated 14 September 2005 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 (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 his current DD Form 214 is incorrect. 3. A review of the applicant’s service records show the following on: * 25 January 1967 – enlisted in the Regular Army * 27 October 1969 – SO Number 300, issued by Headquarters, 173rd Airborne Brigade, temporarily promoted the applicant to the rank of SSG effective 10 October 1969 * 2 January 1970 – the applicant was honorably released from active duty and transferred to the U.S. Army Reserve, DD Form 214 shows in item: * 5a (Grade, Rate, or Rank) shows SSG (T) * 6 (Date of Rank) 10 October 1969 * 11d (Effective Date) 2 January 1970 * 17c (Date of Entry) 25 January 1967 * 22a(1) (Net Service this Period) 2 years, 11 months, and 8 days of net * 30 (Remarks) is void of an entry pertaining to a permanent grade * he was awarded or authorized the following: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with 1960 Device * Army Commendation Medal * Bronze Star Medal with “V” Device * Air Medal * Parachutist Badge 4. The applicant provides: * GO Number 1966 showing he was awarded the Air Medal * DD Form 215 showing previous corrections to his DD Form 214, dated 2 January 1970 5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that will be furnished each individual who is separated from the Army. All available records will be used as a basis for the preparation of DD Form 214. DD Form 214 will not be issued to Reservists who do not complete a period of 90 continuous days on active duty. * item 5a, enter the grade in which serving at the time and indicate whether temporary or permanent * item 6, enter the date of rank for the grade shown in item 5a * item 17c, enter the date entered on active duty or date of enlistment * item 22a, enter the total service completed between the dates shown in item 11d of the DD Form 214 * item 30, if grade shown in item 5 is not permanent, enter the permanent grade and date of rank BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant has on DD Form 214 with rank: SSG (T)/E6, Air Medal and Parachutist Badge, with dates of service that match the entry date from the applicant’s DD Form 4, with an effective date of 2 January 1970. The applicant also received a DD Form 215 to correct his DD Form 214, as an amendment of the DD Form 214. Per regulatory guidelines, applicants will not receive a new DD Form 214 until such time as they have received two DD Form 215s and would need a third to properly correct their DD Form 214. 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 an Army Board for Correction of Military Rec ADMINISTRATIVE NOTE(S): Not Applicable 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 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) prescribes the separation documents that will be furnished each individual who is separated from the Army. All available records will be used as a basis for the preparation of DD Form 214. DD Form 214 will not be issued to Reservists who do not complete a period of 90 continuous days on active duty. * item 5a, enter the grade in which serving at the time and indicate whether temporary or permanent * item 6, enter the date of rank for the grade shown in item 5a * item 17c, enter the date entered on active duty or date of enlistment * item 22a, enter the total service completed between the dates shown in item 11d of the DD Form 214 * item 30, if grade shown in item 5 is not permanent, enter the permanent grade and date of rank