IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100022867 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he held the rank/grade of specialist five (SP5)/E-5 at the time of his release from active duty (REFRAD).

2.  He states his rank changed to SP5 in 1969.

3.  He provides Military Assistance Command-Vietnam (MACV) Form 430-R (Permissive Orders for Out-of-Country Travel).

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was inducted into the Army of the United States on 5 January 1968.

2.  The MACV Form 430-R, dated 6 September 1969, shows his grade as specialist four (SP4)/E-4.

3.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows:

* private (PV1)/E-1 (Permanent (P)) effective 5 January 1988 by authority of Army Regulation 601-210 (Active and Reserve Components Enlistment Program)
* private (PVT)/E-2 (P) effective 5 May 1988 by authority of Army Regulation 600-200 (Enlisted Personnel Management System)
* private first class (PFC)/E-3) (P) effective 8 August 1988 by authority of Special Orders (SO) Number 31, Company A, 3rd Battalion, School Brigade
* SP5/E-5 (temporary (T)) effective 22 August 1969, by authority of SO Number 234, Headquarters, 4th Infantry Division
* SP5/E-5 (P) effective 22 October 1969 by authority of Army Regulation 140-158 (Enlisted Personnel Classification, Promotion, and Reduction), paragraph 2-66

4.  He was honorably REFRAD on 21 October 1969 and transferred to the U.S. Army Reserve (Annual Training).  The DD Form 214 he was issued shows he completed a total of 1 year, 9 months, and 17 days of creditable active service.  His DD Form 214 also shows the following entries:

* item 5a (Grade, Rate, or Rank) – PFC (P)
* item 5b (Pay Grade) – E-3
* item 6 (Date of Rank) – 8 August 1968

5.  Item 2 (Grade, Last Name, First Name, Middle Initial, and Service Number) of a DD Form 2376 (Notification to State Adjutants General Release from Active Duty of Obligated Reservist) lists his grade as of the date of his discharge from active duty as PFC.

6.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation states to enter the grade in which serving at the time of separation, indicating whether permanent or temporary.  Enter the date of rank shown and if the date of rank is different from the date of appointment, enter the date of appointment in the remarks section of the DD Form 214.

7.  Army Regulation 140-158 provides for the promotion and reduction of Army Reserve enlisted personnel.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was promoted to the temporary rank/pay grade of SP5/E-5 under the authority of SO Number 234, Headquarters, 4th Infantry Division.  His record shows he was permanently appointed in rank/pay grade SP5/E-5 on 22 October 1969, which is the day after he was released from active duty.  Therefore, he is entitled to correction of his record to show SP5 (T) in item 5a and E-5 in item 5b of his DD Form 214 and "PFC (P), 
E-3" in item 30 (Remarks) of this DD Form 214.

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data/information contained in those records should reflect the conditions and circumstances that existed at the time the record was created.

BOARD VOTE:

__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 as follows:

	a.  deleting from item 5a the entry "PFC (P)," deleting from item 5b the entry "E-3," and deleting from item 6 the entry "8 AUG 68";

	b.  adding to item 5a the entry "SP5 (T)," adding to item 5b the entry "E-5," and adding to item 6 the entry "22 AUG 89"; and

	c.  adding to item 30 the entry "PFC (P), 8 AUG 68."



      ____________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)                                         AR20100022867



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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