BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100028333 


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 items 5a (Grade, Rate or Rank), 5b (Pay Grade), and 6 (Date of Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* His DD Form 214 shows his rank and grade as specialist four
* He was promoted to sergeant/E-5 on 15 September 1967

3.  The applicant provides:

* Promotion orders
* DD Form 214
* Discharge orders from the U.S. Army Reserve (USAR)
* Honorable Discharge Certificate from the USAR

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.  He was inducted into the Army of the United States on 5 October 1965.  He served as a heavy vehicle driver in Germany from 18 June 1966 to 
16 September 1967.  On 18 September 1967, he was released from active duty and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.

3.  Item 5a of his DD Form 214 shows the entry "SP4 (T) [specialist (temporary)] (See #30)."  Item 5b shows the entry "E4."  Item 6 (Date of Rank) shows the entry "22 Nov 66 [22 November 1966]."  Item 30 (Remarks) shows, among other entries, the entry "Item #5: PFC (P) [private first class (permanent)] E3 Aptd [appointed] 4 Jun 66."

4.  He provided promotion orders, dated 16 September 1967, which show he was promoted to sergeant effective 15 September 1967.

5.  He was honorably discharged from the USAR on 4 October 1971.  His USAR discharge orders and Honorable Discharge Certificate show his rank as sergeant.   

DISCUSSION AND CONCLUSIONS:

His promotion orders which show he was promoted to sergeant effective 
15 September 1967 are accepted as sufficient evidence on which to amend items 5a, 5b, and 6 of his DD Form 214.

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.  deleting the entry in item 5a of his DD Form 214 and replacing it with the entry "SGT";

	b.  deleting the entry in item 5b of his DD Form 214 and replacing it with the entry "E5";

	c.  deleting the entry in item 6 of his DD Form 214 and replacing it with the entry "15 Sep 67"; and

	d.  deleting the entry "Item #5: PFC (P) E3 Aptd 4 Jun 66" in item 30 of 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)                                         AR20100028333



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ABCMR Record of Proceedings (cont)                                         AR20100028333



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