RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 OCTOBER 2005
DOCKET NUMBER: AR20050001554
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 |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. Ted Kanamine | |Chairperson |
| |Mr. Patrick McGann | |Member |
| |Ms. Carol Kornhoff | |Member |
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 Transfer or
Discharge) be corrected to show his rank and pay grade as private first
class E-3, in lieu of private E-2.
2. The applicant states that his military pay voucher shows that he was
promoted to pay grade E-3 on 19 July 1966.
3. The applicant provides a copy of his military pay voucher.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 1 August 1966. The application submitted in this case is
dated 20 January 2005.
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 limitations 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 enlisted in the Army for 3 years on 30 July 1963. He was
trained as a water supply specialist and in December 1963 was assigned to
an engineer battalion in Germany. He was advanced to pay grade E-3 on 7
May 1964. He was reduced to private E-1 on 17 July 1964 by a special court-
martial and sentenced to be confined at hard labor for 4 months. The
applicant’s Enlisted Qualification record shows that he was in confinement
from 17 July 1964 to 26 July 1964, and that he was AWOL (absent without
leave) from 5 February 1965 to 9 February 1965. His Official Military
Personnel File (OMPF) shows that he received nonjudicial punishment under
Article 15, Uniform Code of Military Justice (UCMJ) on 4 occasions, the
last being on 21 February 1966 when he was reduced to pay grade E-2.
4. On 18 March 1966 the applicant was barred from reenlistment. On 5 July
1966 the applicant’s bar to reenlistment was withdrawn based on his
commanding officer’s recommendation.
5. Headquarters Company, 24th Engineer Battalion Unit Orders Number 24,
show that the applicant was appointed to the permanent grade of private
first class E-3 on 19 July 1966.
6. The applicant returned to the United States and was released from
active duty at Fort Hamilton, New York on 1 August 1966. His DD Form 214
shows his rank and pay grade as private E-2 and his date of rank as 21
February 1966.
7. The copy of the applicant’s pay voucher that he submits with his
request contains the notation that the applicant was promoted to pay grade
E-3 19 July 1966 per SO (special order) number 24.
DISCUSSION AND CONCLUSIONS:
The applicant’s rank, pay grade, and date of rank on his 1 August 1966
DD Form 214 are incorrect. He was appointed to the rank of private
first class, pay grade E-3 on 19 July 1966. His DD Form 214 should reflect
this information.
BOARD VOTE:
__TK ___ __PM ___ __CK ___ 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 and to excuse failure to timely file. As a
result, the Board recommends that the applicant’s 1 August 1966 DD Form 214
be corrected by showing his rank and pay grade as private first class, E-3,
and his date of rank as 19 July 1966.
______Ted Kanamine________
CHAIRPERSON
INDEX
|CASE ID |AR20050001554 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051013 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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