IN THE CASE OF: BOARD DATE: 21 October 2008 DOCKET NUMBER: AR20080014249 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his records be corrected to show he was placed on the Retired List in pay grade E-6. 2. The applicant states that even though he has orders placing him on the Retired List in pay grade E-6, he has been paid in pay grade E-5 since his injury in 1967. 3. The applicant provides a copy of Special Orders Number 135, dated 11 July 1968 which shows that the applicant was placed on the Temporary Disability Retired List (TDRL) on 19 July 1968. Those orders reflect his rank and pay grade as “SGT E-6.” CONSIDERATION OF EVIDENCE: 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 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant’s military records show that he enlisted in the Regular Army on 12 November 1965, was awarded the military occupational specialty of light weapons infantryman, and arrived in Vietnam on 16 May 1966. 3. On 9 March 1967, the applicant was promoted to the rank of sergeant, pay grade E-5. 4. While in Vietnam, the applicant was hit by enemy small arms fire on 16 May 1967 while being picked up from a landing zone. 5. All of the medical records show him as a sergeant. 6. On 11 July 1968, an AGPZ Form 977, Data for Retired Pay, was prepared on the applicant. In that form it shows the highest grade the applicant attained as sergeant, pay grade E-5, and shows his retired grade as sergeant, pay grade E-5. 7. The applicant was honorably released from active duty on 18 July 1968 and placed on the TDRL the following day. The DD Form 214 he was issued shows his rank as sergeant, pay grade E-5. DISCUSSION AND CONCLUSIONS: 1. The applicant’s records show that he was promoted to the rank of sergeant, pay grade E-5, on 9 March 1967, and was wounded on 16 May 1967. 2. All of the applicant’s military records after being wounded show that he was a sergeant, pay grade E-5. 3. The orders submitted by the applicant show him in the rank of SGT, pay grade E-6. This would appear to be a typographical error. If the applicant had been promoted to pay grade E-6, the proper entry would have been SSG (staff sergeant), pay grade E-6. 4. In view of the forgoing, there is no basis for granting the applicant’s request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __X_____ ___X____ ___X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. _________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. ABCMR Record of Proceedings (cont) AR20080014249 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080014249 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1