RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060002537


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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, in effect, correction of his discharge document
to show that he held the rank of sergeant (E-5) at the time of his
separation.

2.  The applicant states, in effect, that he was promoted to the rank of
sergeant (E-5) prior to his separation from active duty; however, his
discharge documents incorrectly show that he held the rank of specialist
four (E-4).

3.  The applicant provides a copy of Headquarters, 1st Battalion, 35th
Armor,
4th Armored Division, letter, dated 18 May 1966, subject:  Certificate of
Appointment; Headquarters, 4th Armored Division (Germany), Special Orders
Number 131, dated 20 May 1966; and a DD Form 256A (Honorable Discharge
Certificate), dated 31 May 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 28 May 1966, the date of his separation from active duty.  The
application submitted in this case is dated 1 February 2006.

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's military service records show that he enlisted in the
U.S. Army and entered active duty on 7 June 1963.  Upon completion of basic
combat training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 11E (Armor Crewman).

4.  The applicant's military service records show that he was assigned to
Company A, 1st Battalion, 35th Armor, 4th Armor Division in Germany from
10 November 1963 through 17 May 1966.  He was honorably separated from the
Regular Army on 28 May 1966 after serving on active duty for a total of 2
years,
11 months, and 22 days.  Following his separation, the applicant was
transferred to the U.S. Army Reserve, Control Group (Reinforcement), St.
Louis, Missouri.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge), with an effective date of 28 May 1966, shows in
Item
3a (Grade, Rate or Rank) the entry "SP4 E4 (T)" and Item 3b (Date of Rank)
shows the entry "9 Oct 65."  Item 25a (Specialty Number and Title) contains
the entry "11E2O ArmorCrmn" and Item 32 (Remarks) contains the entry "Item
#3a:  PFC E3 (P) Aptd 17 Feb 64."

6.  The applicant's military service records contain a copy of
Headquarters,
1st Battalion, 35th Armor, 4th Armored Division (Germany), Unit Orders
Number 18, dated 7 February 1964, that show he was promoted to the grade of
rank of private first class/pay grade E-3 (permanent), with a date of rank
of 7 February 1964.

7.  The applicant's military service records contain a copy of
Headquarters, Company A, 1st Battalion, 35th Armor, 4th Armored Division
(Germany), Unit Orders Number 48, dated 9 October 1965, that show he was
promoted to the grade of rank of specialist four/pay grade E-4 (temporary),
with a date of rank of 9 October 1965.

8.  The applicant's military service records contain a copy of
Headquarters,
4th Armored Division (Germany), Special Orders Number 83, dated 29 March
1966, that show the applicant was directed to report for transfer to the
continental United States on 17 May 1966 for assignment to the U.S. Army
Transfer Station, Fort Hamilton, New York.

9.  The applicant's military service records contain a copy of
Headquarters,
1st Battalion, 35th Armor, 4th Armored Division (Germany), letter, dated 18
May 1966, subject:  Certificate of Appointment.  This document shows, in
pertinent part, that the lieutenant colonel in command of the 1st
Battalion, 35th Armor, certified that the applicant had been appointed to
the grade of sergeant/pay grade E-5, effective and with a date of rank of
14 May 1966, in MOS 11E4O.  This document also shows that appropriate
division special orders had been requested and would be forwarded to the
applicant's next duty station.  However, the applicant's records are absent
a copy of orders promoting the applicant to the grade of rank of
sergeant/pay grade E-5.

10.  The applicant's military service records contain a copy of
Headquarters,
4th Armored Division (Germany), Special Orders Number 131, dated 20 May
1966, that show, in pertinent part, that the applicant was awarded primary
MOS 11E4O and primary MOS 11E2O was withdrawn.  This document also shows in
the standard name line of the order that, at that time, the applicant's
grade of rank was sergeant (E-5).
11.  The applicant's military service records contain a DA Form 20
(Enlisted Qualification Record).  Item 33 (Appointments and Reductions) of
this document shows, in pertinent part, that he was promoted to the grade
of rank of specialist four/pay grade E-4 (permanent), with a date of rank
of 28 May 1966.  This document also shows the authority for the promotion
was paragraph 5 of Army Regulation 140-158.

12.  Army Regulation 600-200 (Enlisted Personnel Management), in effect at
the time, prescribed policies, responsibilities, and procedures pertaining
to career management of Regular Army enlisted personnel.  Chapter 7
(Promotion and Reduction), paragraph 7-3 (Authority to promote) provides,
in pertinent part, that the promotion authority for assigned personnel for
pay grades E-5 and E-6 is delegated to field grade commanders of any
organization which is authorized a commander in the grade of lieutenant
colonel or higher.

13.  Army Regulation 140-158 (Army Reserve Enlisted Personnel -
Appointments and Reductions), in effect at the time, prescribed procedures
for the appointment and reduction of enlisted personnel of the Army Reserve
who are not on active duty.  Paragraph 5 (Types of appointment) provides
that all appointments under the provisions of this regulation are permanent
appointments, except for acting appointments made in accordance with
section IV.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge documents should
be corrected to show that he held that rank of sergeant/pay grade E-5 at
the time of his separation from active duty and discharge from the Army
Reserve because he was promoted shortly before he left Germany, but his
promotion orders were not forwarded to him or the gaining command.

2.  The evidence of record shows that the applicant's battalion commander,
the authorized promotion authority, issued official notification to the
applicant that he was appointed to the grade of sergeant/pay grade E-5,
effective and with a date of rank of 14 May 1966, in MOS 11E4O, and that
the orders would be forwarded to his gaining command.  The evidence of
record also shows that during the period of time these orders were to be
published and distributed, the applicant was returned to the continental
United States for separation processing.  The evidence of record further
shows that orders were subsequently issued awarding the applicant a primary
MOS of 11E4O and that these orders identified the applicant as holding the
grade of rank of sergeant/E-5.

3.  The evidence of record shows that subsequent to his release from active
duty the applicant was transferred to the U.S. Army Reserve Control Group
(Reinforcement).  The evidence of record also shows that the Commander,
U.S. Army Reserve Personnel Administration Center, St. Louis, Missouri,
promoted the applicant to specialist four/pay grade E-4 (permanent) upon
his transfer to the U.S. Army Reserve Control Group (Reinforcement).

4.  In view of the foregoing and despite the absence of sergeant (E-5)
promotion orders in the applicant's military personnel records, the
evidence of record shows that the highest rank the applicant attained while
serving on active duty was sergeant/pay grade E-5.  Therefore, he is
entitled to correction of his records to show that he was appointed to the
grade of sergeant/pay grade E-5, effective and with a date of rank of 14
May 1966, in MOS 11E4O.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 May 1966; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
27 May 1969.  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:

____MMD  ___JCR__  __RDG__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

      a.  appointing the applicant to the grade of sergeant/pay grade E-5,
effective and with a date of rank of 14 May 1966;


      b.  correcting his DD Form 214, as follows:

      Item 3a (Grade, Rate or Rank) - Delete:  "SP4 E4 (T)"
      Item 3a (Grade, Rate or Rank) - Add:   "SGT E5 (T)"

      Item 3b (Date of Rank) - Delete:  "9 Oct 65"
      Item 3b (Date of Rank) - Add:      "14 May 66"

      Item 25a (Specialty Number and Title) - Delete:  "11E2O ArmorCrmn"
      Item 25a (Specialty Number and Title) - Add:      "11E4O Armor
Crewman"

      Item 32 (Remarks) - Item #3a:  Delete: "PFC E3 (P) Aptd 17 Feb 64"
      Item 32 (Remarks) - Item #3a:  Add:     "SPC E4 (P) Appointed 28 May
66"

      c.  issuing the applicant a corrected DD Form 256A (Honorable
Discharge Certificate).

2.  In addition, as a result of this correction, the Defense Finance and
Accounting Service shall be notified of the Board's determination and remit
payment to the applicant of all back pay (i.e., pay and allowances, less
any withholdings and/or deductions) that may be due as a result of this
correction.




                            ____Melinda M. Darby_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002537                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19660528                                |
|DISCHARGE AUTHORITY     |AR 635-200, Paragraph 7                 |
|DISCHARGE REASON        |Early Release of Overseas Returnee      |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.0900.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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