RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 AUGUST 2006
DOCKET NUMBER: AR20060000261
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. Deyon D. Battle | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda Simmons | |Chairperson |
| |Mr. John Meixell | |Member |
| |Mr. Jerome Pionk | |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 Transfer or Discharge (DD
Form 214) be corrected to show this his rank as specialist five (SP5).
2. The applicant states that he was serving in the rank of SP5 at the time
of his discharge; however, his DD Form 214 erroneously reflects his rank as
specialist four (SP4).
3. The applicant provides in support of his application, a copy of orders
promoting him to the rank of SP5; and a copy of order releasing him from
active duty in the rank of SP5.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 6 April 1972. The application submitted in this case is
dated 29 December 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 into the Army in Chicago, Illinois, on 10 August 1970.
He successfully completed his training as a helicopter repairman.
4. He was promoted to the pay grade of E-2 on 30 October 1970, to the pay
grade of E-3 on 5 January 1971, and to the pay grade of E-4 on 19 January
1971.
5. Special Orders Number 61 were published on 1 March 1972, promoting the
applicant to the rank of SP5 with an effective date of 1 March 1972.
6. Special Orders Number 97 were published on 6 April 1972, releasing the
applicant from active duty in the rank of SP5.
7. Accordingly, on 6 April 1972, the applicant was released from active
duty (REFRAD) and he was transferred to the United States Army Reserve to
complete his Reserve obligation. However the DD Form 214, that he was
furnished at the time of his discharge shows that he was discharged in the
rank and pay grade of specialist four (E-4).
8. Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214. It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
REFRAD or discharge.
DISCUSSION AND CONCLUSIONS:
1. It appears that an error was made during the preparation of the
applicant's DD Form 214, which resulted in the incorrect rank and pay grade
being reflected.
2. The applicant's records show that he was promoted to the rank of SP5
effective 1 March 1972, and there is no evidence of record that shows that
was reduced in rank or that his promotion was a temporary promotion.
3. Additionally, Special Orders Number 97 were published releasing him
from active duty in the rank of SP5 and his DD Form 214 should be corrected
to reflect his appropriate rank and pay grade.
4. Accordingly, it would now be appropriate to correct the applicant's
records as recommended below.
5. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 April 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 5 April 1975. The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.
BOARD VOTE:
____LS__ ___JM __ ___JP___ 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 amending his DD Form 214 to show his
rank as specialist five (SP5).
_____Linda Simmons_____
CHAIRPERSON
INDEX
|CASE ID |AR20060000261 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060822 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |19720406 |
|DISCHARGE AUTHORITY |AR 635-200, Ch 5, Sec VII |
|DISCHARGE REASON |REFRAD |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. 189 |110.0000/SEPARATION DOCUMENT |
|2. 302 |129.0000/PAY GRADE |
|3. 307 |129.0500/PAY GRADE |
|4. | |
|5. | |
|6. | |
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