IN THE CASE OF: BOARD DATE: 25 February 2022 DOCKET NUMBER: AR20210012978 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Item 5a (Grade, Rate, or Rank) – sergeant (SGT) instead of specialist five (SP5) * Item 8 (Place of Birth (City and State or Country)) – Wentorf, Germany instead of Wentdore, Germany APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 20 (Enlisted Qualification Record), page 1 * DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 DD Form 214 incorrectly reflects his rank at separation as SP5. His rank was SGT/E-5. His place of birth is misspelled. The correct spelling is Wentorf not Wentdore. It is a matter of getting the record straight. 3. The applicant provides his: * DA Form 20, page 1 * DD Form 214, for the period from 11 September 1967 to 15 May 1969 4. The applicant’s military records are not available to the Board for review. However, there were sufficient documents provided by the applicant to conduct a fair and impartial review of this case. His available records show: a. He was inducted into the Army of the United States, in pay grade E-1, on 11 September 1967. He held military occupational specialty 11B (Light Weapons Infantryman). b. His DA Form 20, page 1, shows in: * Item 2 (Grade) – SGT/E-5 * Item 3 (Date of Rank) – 6 March 1969 * Item 20 (Birthplace and Citizenship) – Natural c. He was honorably released from active duty on 15 May 1969, as an overseas returnee. He was transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 8 months, and5 days of net active service this period, including 1 year, 3 months, and 1 day of foreign service. This form also shows in: * Item 5a – SP5 (T) * Item 5b (Pay Grade) – E5 * Item 6 (Date of Rank) – 6 March 1969 * Item 8 – Wentdore, Germany * Item 30 (Remarks) – private first class/E-3 (P) – appointed 13 February 1968 5. In 1985, the Army converted all their SP5’s to SGT’s. 6. By regulation Army Regulation 635-5 (Personnel Separation Documents), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The regulation states: * Items 5a and 5b – will show the Soldier’s rank/pay grade at time of separation * Item 6 – will list the date of rank for grade shown in item 5a, if date of rank is not permanent, enter the permanent grade and date of appointment in item 30 * Item 8 – will show the city and state or country for the place of birth of the Soldier and was self-explanatory * Item 30 – if grade in item 5a is not permanent, item 30 will list the permanent grade, date of appointment, and date of rank 7. A review of Wikipedia shows is a in the district of . BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant’s MOS was that of the combat arms; therefore, the Board agreed showing his noncommission officer rank as SGT instead of SP5 is appropriate. In addition, the Board determined there is sufficient evidence that shows the spelling of his place of birth was incorrect and should be amended. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 15 May 1969 to show in item 5a “SGT” and item 8 “ ” 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, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 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 (Personnel Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 was a summary of a Soldier’s most recent period of continuous active duty. It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation stated: * Items 5a (Grade, Rate, and Rank) and 5b (Pay Grade) – would list the active duty rank and pay grade at the time of the Soldier's separation; the rank would be taken from the Soldier's promotion/reduction orders; if grade at time of separation was not permanent, the permanent grade, date of appointment, and date of rank would be entered in item 30 * Item 6 (Date of Rank) – would list the effective date for the grade shown in item 5a * Item 8 – would list the place of birth * Item 30 –would list the permanent grade, date of appointment, and date of rank, if different from the grade shown in item 5a 3. A review of Wikipedia shows is a in the . //NOTHING FOLLOWS//