ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 July 2019 DOCKET NUMBER: AR20190005819 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 June 1964 to show his correct service number, that he was promoted to SP5/E5, and to list his correct weapons proficiency. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * U.S. Army Armor School, Certificate of Proficiency, date 9 January 1962 * DA Form 2139 (Military Pay Voucher), dated 1-31 March 1964 * FC USA Form 34-23 (Request for Information/Transmittal of Documents), issued by the Claims Division, Finance Center, U.S. Army Indianapolis, IN., dated 5 September 1967 * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Honorable Discharge Certificate from the U.S. Army Reserve (USAR), dated 31 May 1967 * Letters from the Office of the Adjutant General (TAG), U.S. Army Administration Center 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 mistakes were made to his service number, rank, and weapons proficiency, and these issues should be corrected. 3. The applicant's service number appears as it is reflected on his DD Form 214 on all the documents in his military record that include a service number. Additionally, the applicant did not indicate or provided the service number he believes to be the correct service number. 4. The applicant provides a copy of his Certificate of Proficiency from the U.S. Army Armor School, dated 9 January 1962. This document does not list his rank or show that he was awarded the Marksman Qualification Badge with Rifle Bar (M-14). 5. Unit Orders Number 3, dated 31 January 1963 shows he was promoted to the temporary grade of specialist four (SP4) on 31 January 1963. 6. His DA Form 20 (Enlisted Qualification Record) does not show he was promoted to the rank of SP5/E5 or that he was awarded the Marksmanship Qualification Badge with Rifle Bar (M-14.) 7. A DA Form 24 (Service Record) shows in Section I (Appointments, Promotions, or Reductions) that he was promoted to the temporary grade of SP4/E4 on 31 January 1963 and to the permanent rank of SP4/E4 on 31 January 1964, with a date of rank of 31 January 1963. 8. On 9 June 1964, the applicant was honorably discharged from the Regular Army. His DD Form 214 reflects the following information: * item 3a (Grade, Rate or Rank) – "SP4(E4)(P) (see item #32)" * item 3b (Date of Rank) – "31 Jan 63" * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – "Marksman (Rifle M-1)" * item 32 (Remarks) – "Item #3b: Date of Appointment: 31 Jan 64…" 9. The applicant provides a copy of his Honorable Discharge Certificate from the USAR that reflects his rank as "SP4," dated 31 May 1967. 10. The applicant provides a letter issued by TAG, dated 10 March 1964, which states, "the records fail to show that you were promoted the Specialist Five E-5 on 19 September 1963. The records further fail to show that you are authorized the Expert Badge with Rifle Bar (M-14). I will further consider these requests if you will furnish this Center with copies of documentary evidence showing that you are authorized this badge and promotion." 11. On 20 July 1967, TAG sent the applicant another letter, which states, "…As you were previously informed, no record has been found to show you were promoted to specialist five E-5 or that you were authorized the Expert Badge with Rifle Bar (M-14). We have referred your letter, with inclosures (sic), to the Commanding General, Finance Center, U.S. Army Indianapolis, Indiana, for further consideration." 12. A FC USA Form 34-23, issued by the Claims Division, Finance Center, U.S. Army Indianapolis, IN., dated 5 September 1967, states, "Your DD Form 214 and your pay vouchers are returned herewith. A copy of promotion orders is not on file in this headquarters. However, your pay voucher for 1-31 Oct 63 shows a notation ‘EM appointed from E-4 effective 19 Sept 63. Due s/m diff[erence] between E-4(2) and E-5(2) effective 19 Sept 63’." 13. A DA Form 2139, for the pay period 1-31 March 1964, lists the applicant’s basic pay grade as E-5. 14. Army Regulation 635-5 (Separation Documents), states, the purpose of the separation document is to provide the individual with documentary evidence of their military service. The instructions state that for item 2, enter the individual's service number and authorized prefix. For items 3a and 3b, to list the rank/grade in which a member was serving at the time of separation with an indication if permanent or temporary with appropriate date of rank. For item 26, to enter decorations, etc., awarded or authorized during period covered by the DD Form 214. The Expert/Marksmanship Qualification Rifle Badge with Rifle Bar (M-14) is not listed. 15. The applicant’s records does not reflect any orders to show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), or that his service number is incorrect. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the Service Number contained in each of his records, his DA Forms 20 and 24 showing his record of assignments (to include grade) and his record of promotion respectively, the Military Pay voucher showing SGT (2 Years), the letters from The Adjutant General and his discharge documents showing his rank as SP4. The board found that the applicant did not provide a service number other than the one in his records, documents supporting his promotion to SGT, or evidence of his requested weapons qualification. The Board found no orders promoting his to SGT and no evidence of the weapons qualification he requests. Based on a preponderance of evidence, the Board determined that the current entries on his DD Form 214 were not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. 8/19/2019 X CHAIRPERSON 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. 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 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, dated 13 August 1963, established the 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 their military service. It is important that information entered on the form be complete and accurate. The instructions states: a. Item 2, enter the individual's service number and authorized prefix. b. Item 3a (Enlisted Personnel), enter grade in which serving at time of separation, indicating whether permanent or temporary. Pay grades will also be shown. c. Item 3b (Enlisted Personnel), enter date of rank for the grade shown in item 3a. * if date of rank is different from date of appointment, enter date of appointment in item 32 (Remarks) * if grade at time of separation is not permanent, the permanent grade, date of appointment and date of rank, if different from date of appointment, will be entered in item 32. d. Item 26, enter decorations, etc., awarded or authorized during the period covered by the DD Form 214, from item 21, DA Form 66, or section 9 DA Form 24, omitting authorities cited therein