RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 NOVEMBER 2005
DOCKET NUMBER: AR20050001961
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. Stanley Kelley | |Chairperson |
| |Ms. Diane Armstrong | |Member |
| |Ms. Delia Trimble | |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 as Specialist Five, pay grade E-5.
2. The applicant states that his rank on his DD Form 214 is incorrect.
3. The applicant provides a copy of his DD Form 214 and a copy of special
orders showing his promotion to specialist five.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 13 January 1972. The application submitted in this case
is dated 26 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 25 March 1970 and was
trained as a medical specialist. He served in Vietnam from March 1971 to
August 1971, returning to the United States at Fort Campbell, Kentucky. He
was released from active duty on 13 January 1972, and transferred to the
Army Reserve. His DD Form 214 shows his rank and pay grade as SP4
(Specialist Four), E-4, respectively, with a date of rank of 18 May 1971.
4. Special Orders Number 23, dated 27 January 1972, two weeks after his
release from active duty, published by Headquarters, United States Army
Training Center and Fort Campbell, show that the applicant was promoted to
specialist five (SP5) effective on 11 January 1972. A copy of those orders
is contained in his Official Military Personnel File (OMPF).
5. The applicant enlisted in the North Carolina Army National Guard for 1
year on 4 April 1972 in the rank and pay grade of SP5, E-5. His DD Form 4
(Enlistment Contract) shows that he was separated from his previous service
in the Regular Army on 13 January 1972 in the rank and pay grade of SP5, E-
5. 6. The applicant’s DA Form 20 (Enlisted Qualification Record)
reflects his promotion to SP5, E-5, on 11 January 1972.
DISCUSSION AND CONCLUSIONS:
1. Orders were published promoting the applicant to the rank and pay grade
of SP5, E-5, after he was separated, effective on 11 January 1972, two days
prior to his release from active duty. Obviously, the information
concerning his promotion could not have been entered on his 13 January 1972
DD Form 214.
2. The applicant was promoted to specialist five, pay grade E-5, on 11
January 1972. His DD Form 214 should be changed accordingly.
BOARD VOTE:
__SK ___ __DA ___ __DT____ 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 all Department of the Army records of the
individual concerned be corrected by showing that he was promoted to
specialist five, pay grade E-5, on 11 January 1972.
______Stanely Kelley_______
CHAIRPERSON
INDEX
|CASE ID |AR20050001961 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051108 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |129.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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