IN THE CASE OF: 

		BOARD DATE: 21 February 2023

		DOCKET NUMBER: AR20220005517


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show in:

*	Block 3a (Grade, Rate or Rank) to show sergeant (SGT)/E-5 vice SGT/E-5 
(Temporary) 
*	Block 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons 
Awarded or Authorized) to show Expert Badge with M-1, M-14, M-16, and 
Machine Gun, vice Sharpshooter Badge with M-14 Rifle

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, 12 July 1960 to 24 June 1963

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
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 he wants the correction to properly show his service. 

3.  The applicant’s service records are not available for review. An exhaustive search 
was conducted to locate his service records which are necessary in the processing of 
his case. Unfortunately, they could not be found. However, the applicant provides a DD 
Form 214 which is sufficient to conduct a fair and impartial review of his case. 

4.  The applicant’s DD Form 214 shows: 

	a.  He enlisted in the Regular Army for 3 years on 12 July 1960. At the time of his 
separation, he held military occupational specialty 111.60, Light Weapons Infantryman.  

	b.  He was honorably released from active duty on 24 June 1963 after completing 2 
years, 11 months, and 13 days of active service, of which 2 years, 6 months, and 27 
days was foreign service. His DD Form 214 shows in:

*	Block 3a (Grade, Rate or Rank) SGT/E-5 (Temporary) 
*	Block 3b (Date of Rank) 23 August 1962
*	Block 26 (Decorations, Medals, Badges, Citations and Campaign Ribbons 
Awarded or Authorized) Sharpshooter Badge with M-14 Rifle
*	Block 32 (Remarks) Continuation of Item 3a: Specialist Four (SP4)/E-4 
Permanent; Appointed on 23 August 1962, date of rank 26 August 1961

3.  By regulation (AR 15-185 (ABCMR)), the ABCMR begins its consideration of each 
case with the presumption of administrative regularity, which is that what the Army did 
was correct. The ABCMR is not an investigative body and decides cases based on the 
evidence that is presented in the military records provided and the independent 
evidence submitted with the application. The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.  

4.  By regulation (AR 635-5), 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.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
applicant’s service records are not available. His DD Form 214 shows he was honorably 
released from active duty on 24 June 1963 after completing 2 years, 11 months, and 13 
days of active service. His DD Form 214 shows his rank/grade as SGT/E-5 (Temporary) 
with a date of rank of 23 August 1962, and his Permanent rank as SP4/E-4 Appointed 
on 23 August 1962, date of rank 26 August 1961. Additionally, he was awarded the 
Sharpshooter Badge with M-14 Rifle. The ABCMR begins its consideration of each case 
with the presumption of administrative regularity, which is that what the Army did was 
correct. The ABCMR is not an investigative body and decides cases based on the 
evidence that is presented in the military records provided and the independent 
evidence submitted with the application. The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.  


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, U.S. 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 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 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The ABCMR begins its consideration of each case with the presumption of 
administrative regularity, which is that what the Army did was correct. The ABCMR is 
not an investigative body and decides cases based on the evidence that is presented in 
the military records provided and the independent evidence submitted with the 
application. The applicant has the burden of proving an error or injustice by a 
preponderance of the evidence.  

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents that must be prepared for Soldiers upon retirement, discharge, or 
release from active duty service or control of the Active Army. It established 
standardized policy for preparing and distributing the DD Form 214. 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. 

	a.  Block 3a (Grade, Rate, or Rank), for enlisted personnel, enter grade in which 
serving at time of separation indicating whether permanent or temporary. Example: 
"MSgt (P)" or "MSgt (T)". ·

	b.  Block 3b (Date of Rank), for enlisted personnel, enter date of rank for the grade 
shown in item 3a. If the date of rank is different from date of appointment, enter date of 
appointment in items 32 (Remarks). If grade at time of separation is not permanent, the 
permanent grade, date of appointment, and date of rank if different from 9.ate of 
appointment will be entered in item 32 (Remarks).

	c.  Block 32 (Remarks) will be used to complete entries too long for their respective 
blocks. When used for cross reference the item number must precede the continued 
information. If the enlisted member’s date of rank is different from the date of 
appointment in grade shown in item 3b, enter date of appointment as follows: "Item 3b-
Date of appointment 15 Aug 55." If the grade as shown in item 3a is not permanent, 
enter permanent grade, date of appointment, and date of rank if different from date of 
appointment as follows: (a) "Item_3 -Sgt (P) Aptd 1 Aug 55" and (b) "Item 3a-Sgt (P) 
Aptd 13 Sep 55, Date of Rank 1 Aug 55." 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220005517


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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