IN THE CASE OF:	  

		BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120020785 


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 rank be corrected to show specialist five (SP5) on two certificates of appreciation, a DA Form 1811 (Physical and Mental Status on Release from Active Service), and an award certificate for the Bronze Star Medal.   

2.  The applicant states:

	a.  his awards and certificates show his rank as specialist four (SP4) but his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge ) shows his rank as SP5.

	b.  the awards should state the same rank as his DD Form 214.

3.  The applicant provides:

* Two certificates of appreciation
* DA Form 1811
* Award certificate for the Bronze Star Medal
* DD Form 214

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 18 August 1970.  He completed his training and was awarded military occupational specialty 31E (field radio repairman).  He served in Vietnam from 3 June 1971 to 17 March 1972.  On 19 March 1972, he was honorably released from active duty in the rank of SP5 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. 

3.  His DD Form 214 shows in:

* Item 5a (Grade, Rate or Rank) the entry "SP5
* Item 5b (Pay Grade) the entry "E-5
* Item 6 (Date of Rank) the entry "8 FEB 72" (8 February 1972) 
 
4.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was appointed to SP4 effective 15 January 1971. 

5.  There are no orders in the available records which show he was appointed to SP5.

6.  The documents (two certificates of appreciation, DA Form 1811, and award certificate for the Bronze Star Medal) provided by the applicant show his rank as SP4.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to amend his rank to show SP5 on the documents he provided was noted.

2.  It appears he may have been promoted to SP5 prior to his release from active duty and the orders never made it to his military service records; however, without the promotion orders or pay records the DD Form 214 itself is not sufficient to confirm he was promoted to SP5.  Therefore, there is insufficient evidence on which to grant 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)                                         AR20120020785





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ABCMR Record of Proceedings (cont)                                         AR20120020785



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