IN THE CASE OF:	

		BOARD DATE:	  21 January 2010

		DOCKET NUMBER:  AR20090013711 


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 items 5a (Grade, Rate, or Rank) and 5b (Pay Grade) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show specialist four/E-4.

2.  The applicant states that pay grade E-4 was given to him in the field in Vietnam.

3.  The applicant provides a copy of his DD Form 214 and page 1 of his DA Form 20 (Enlisted Qualification Record) in support of his application.   

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 was inducted into the Army of the United States on 8 August 1967.  He served as an indirect fire crewman in Vietnam and was released from active duty on 28 June 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 5a of his DD Form 214 shows the entry "PFC (P)" [Private First Class (Permanent)].  Item 5b of his DD Form 214 shows the entry "E-3."  Item 6 (Date of Rank) on his DD Form 214 shows the entry "18 Jan 68" [18 January 1968].  

4.  Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number 115, dated 24 April 1968, show the applicant was appointed to the temporary grade of specialist four/E-4 effective 22 April 1968.

5.  Item 33 (Appointments and Reductions) of the applicant's DA Form 20 shows he was appointed to the temporary rank of specialist four/E-4 effective 22 April 1968.

DISCUSSION AND CONCLUSIONS:

Orders show the applicant was appointed to the temporary grade of specialist four/E-4 effective 22 April 1968.  Therefore, items 5a, 5b, and 6 on his DD Form 214 should be corrected.  

BOARD VOTE:

___X____  ____X__  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  by deleting the entries in items 5a, 5b, and 6 on his DD Form 214;

	b.  by adding the entry "SP4 (T)" [Temporary] in item 5a on his DD Form 214;

	c.  by adding the entry "E-4" in item 5b on his DD Form 214; and

	d.  by adding the entry “22 Apr 68" in item 6 on his DD Form 214. 




      _______ _   _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)                                         AR20090013711





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ABCMR Record of Proceedings (cont)                                         AR20090013711



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