IN THE CASE OF: BOARD DATE: 2 October 2012 DOCKET NUMBER: AR20120007638 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 his record be corrected to show his rank title as sergeant (SGT). 2. The applicant states he earned SGT stripes and he was not a specialist five (SP5). 3. The applicant provides no documentary 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’s record shows he enlisted in the Regular Army on 15 April 1969, and he was trained in and awarded military occupational specialty (MOS) 13A (Field Artillery). 3. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was promoted to SP5/E-5 on 23 October 1970 in item 33 (Appointments and Reductions). Item 33 contains no entry indicating the applicant was subsequently laterally appointed as a SGT. The applicant last audited the DA Form 20 on 6 April 1970. 4. The Military Personnel Records Jacket (MPRJ) contains Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington Special Orders Number 304, dated 31 October 1970. These orders directed the applicant’s release from active duty (REFRAD) on 31 October 1970. These orders list the applicant’s rank title as SP5 in the standard name line (SNL). There are no orders or other documents in the MPRJ that indicate the applicant held the rank title SGT. 5. On 31 October 1970, the applicant was honorably REFRAD after completing 1 year, 6 months, and 17 days of active military service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to him at that time lists his rank title as “SP5” in item 5a (Grade, Rate or Rank). 6. Army Regulation 635-5 (Separation Documents) contains the policy for preparation of the DD Form 214. The version of the regulation in effect at the time of the applicant’s discharge identified the DA Form 20 as the primary record source for entries on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant’s request to change the rank title on his record and DD Form 214 to SGT has been carefully considered. However, there is insufficient evidence to support this claim. 2. The evidence of record confirms the applicant was promoted to SP5 on 23 October 1970, as evidenced by an entry in item 33 of the DA Form 20. Further, there are no orders or other documents in the MPRJ that indicate the applicant was subsequently laterally appointed to SGT during the remainder of his active duty tenure. As a result, there is an insufficient evidentiary basis to support granting the 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 that 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) AR20120007638 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120007638 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1