IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100021160 


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 correction of his rank and pay grade.

2.  He states he was told his promotion came in the day he left.

3.  He provides no additional evidence 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 enlisted in the Regular Army on 2 May 1967.

3.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was appointed as follows:

* private/E-1 (permanent (P)) effective 2 May 1967
* private/E-2 (P) effective 7 July 1967
* private first class/E-3 (P) effective 14 November 1967
* specialist four (SP4)/E-4 (temporary (T)) effective 3 April 1968

4.  His record contains a copy of Special Orders Number 67, issued by Headquarters, School Support Command, U.S. Army Air Defense School, Fort Bliss, TX, dated 3 April 1968, which shows he was appointed to the temporary grade of SP4/E-4 effective 3 April 1968.

5.  His record does not contain any documentation and he has not provided any to show he was subsequently promoted.

6.  His record contains a copy of Special Orders Number 355, issued by the U.S. Army Personnel Center, Fort Lewis, WA, dated 21 December 1969, which reassigned him to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  These orders show his rank/grade as SP4/E-4.

7.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 21 December 1969 and he was transferred to the USAR Control Group (Reinforcement).  This form also contains the following entries:

* item 5a (Grade, Rate, or Rank) – SP4 (P)
* item 5b (Pay Grade) – E-4
* item 6 (Date of Rank) – 3 April 1968
* item 30 (Remarks) – "Item 5a SP4 (P) E-4 aptd 3 Apr 69"

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing these separation documents.  It states that the active duty rank at the time of separation will be entered on the separation document.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows he was permanently appointed to the rank/grade of SP4/E-4 on 3 April 1969.

2.  The applicant's record shows he held the rank/pay grade SP4/E-4 with a date of rank of 3 April 1968 on the effective date of his separation from the Army.  The applicant's record does not show he was promoted prior to his separation from active duty on 21 December 1969.  In the absence of evidence to the contrary, it is concluded that the applicant's separation document for the period ending 21 December 1969 is correct.

3.  In view of the foregoing, there is no basis to grant the applicant's requested relief.

BOARD VOTE:

________  ________  ________  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.



      __________ 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)                                         AR20100021160



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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