RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 July 2006
DOCKET NUMBER: AR20050017570
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. Jessie B. Strickland | |Analyst |
The following members, a quorum, were present:
| |Mr. Allen L. Raub | |Chairperson |
| |Ms. LaVerne Douglas | |Member |
| |Ms. Peguine M. Taylor | |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 report of separation (DD Form 214) be
corrected to reflect that he was discharged in the rank of specialist fifth
class (SP5) with a date of rank (DOR) of 14 January 1970.
2. The applicant states, in effect, that he was promoted to the rank of
SP5 effective 14 January 1970; however, orders were not published until 5
February 1970, just prior to his release from active duty (REFRAD) and it
was not reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and the order
promoting him to the rank of SP5.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 13 February 1970. The application submitted in this case is
dated 30 November 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. He was inducted at New Haven, Connecticut, on 14 February 1968 and was
transferred to Fort Dix, New Jersey to undergo his training. He
successfully completed his training and was transferred to Vietnam on 8
July 1968. He was advanced to the pay grade of E-4 on 15 December 1968 and
served in Vietnam until he was transferred to Fort Hood, Texas on 5 July
1969. He was assigned to Company B, 48th Medical Battalion, 2nd Armored
Division for duty as a cook.
4. On 17 September 1969, the applicant was recommended for promotion to
the rank of SP5 by his commander. He appeared before a local promotion
board and was recommended for promotion.
5. On 5 February 1970, orders were published by Headquarters, 2nd Armored
Division which announced the promotion of the applicant to the rank of SP5
effective 14 January 1970. It appears that those orders were never filed
in the applicant’s records.
6. On 13 February 1970, he was honorably REFRAD in the pay grade of E-4 on
the expiration of his term of service (ETS) and was transferred to the
United States Army Reserve Control Group (Annual Training). He had served
2 years of total active service.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant’s records contain no evidence to indicate that
he was in fact promoted to the pay grade of E-5, his records do show that
he was on the promotion standing list for his unit and he has provided
orders to show that he was promoted to the rank of SP5 just prior to his
REFRAD.
2. Therefore, it is reasonable to presume that his promotion orders did
not catch up with his personnel records that were being used to process him
for separation at the time and as result he was separated in the pay grade
that was documented in his records at the time.
3. Accordingly, it would be in the interest of justice to give him the
benefit of any doubt by correcting his DD Form 214 to show that he was
REFRAD in the rank of SP5 with a DOR of 14 January 1970.
BOARD VOTE:
___ALR__ ___LD_ __PMT___ 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 REFRAD in the rank
of SP5 with a DOR of 14 January 1970.
____Allen L. Raub_________
CHAIRPERSON
INDEX
|CASE ID |AR20050017570 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20060725 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY | |
|ISSUES | |
|1.110.0000/189/corr214 | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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