RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 May 2004
DOCKET NUMBER: AR2003094530
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. G. E. Vandenberg | |Analyst |
The following members, a quorum, were present:
| |Mr. Mark D. Manning | |Chairperson |
| |Mr. Richard T. Dunbar | |Member |
| |Ms. Mae M. Bullock | |Member |
The applicant and counsel if any, did not appear before the Board.
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Report of Separation or
Discharge) be corrected to show his rank and pay grade as specialist five,
E-5.
2. The applicant states that he would like to have his records corrected
for posterity.
3. The applicant provides copies of a 21 February 1970 pay receipt and
orders for the award the Bronze Star Medal.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of error which occurred on 22
February 1970. The application submitted in this case is dated 23 July
2003.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant entered active duty on 14 April 1968.
4. He was advanced to specialist four (E-4) on 23 August 1968.
5. The applicant was assigned to and served in Vietnam from 23 February
1969 through 19 February 1970.
6. Headquarters, Americal Division General orders Number 558, dated
14 January 1970, directs award of the Bronze Star Medal to several soldiers
including the applicant. He is listed as a specialist five in the orders.
7. A 21 February 1970 pay receipt lists him as an E-5.
8. Headquarters, US Army Personnel Center Special Orders Number 53, dated
22 February 1970, authorized the applicant's release from active duty and
transferred him to the US Army Reserve Control Group (Annual Training).
The orders list the applicant as a specialist five.
9. An Installation Clearance Record, dated 19 February 1970 lists his
grade as SP5, E-5.
10. The 22 February 1970 DD Form 214 lists the applicant as specialist
four (E-4).
DISCUSSION AND CONCLUSIONS:
1. The preponderance of evidence indicates that the applicant was promoted
to and served as a specialist five (E-5). Therefore, it is appropriate to
correct his DD Form 214 to show that he was released from active duty as a
specialist five (E-5).
BOARD VOTE:
__MDM__ ___MB___ __RTD_ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that the applicant was a
released from active duty in the rank and grade of specialist five (E-5).
_ Mark D. Manning
CHAIRPERSON
INDEX
|CASE ID |AR2003094530 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040513 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION | |
|REVIEW AUTHORITY | |
|ISSUES 1. |Pay grade |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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