RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 NOVEMBER 2006
DOCKET NUMBER: AR20060004740
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. Rene' R. Parker | |Analyst |
The following members, a quorum, were present:
| |Mr. Jeffrey Redmann | |Chairperson |
| |Mr. Robert Soniak | |Member |
| |Mr. David Tucker | |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 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show his rank/pay
grade as sergeant (SGT)/E-5.
2. The applicant states, per his orders dated 3 May 1969, he was promoted
to SGT/E-5, but his DD Form 214 does not reflect his promotion.
3. The applicant provides a copy of his DD Form 214 and promotion orders.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 6 May 1969. The application submitted in this case is
dated
22 March 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 records show he was inducted into the Army of the
United States on 23 August 1967. He served 1 year, 8 months, and 14 days
on active duty and was honorably released from active duty on 6 May 1969.
4. The applicant's DD Form 214 lists his rank and pay grade in items 5a
and 5b as SP4 and E-4, respectively. His date of rank in item 6 is listed
as 7 October 1968.
5. The applicant provided a copy of Headquarters, 101st Airborne Division
Special Orders Number 123, dated 3 May 1969. These orders show that the
applicant was promoted to sergeant, effective 12 April 1969. A copy of
these orders was not contained in the applicant’s military personnel file.
6. Army Regulation 635-5, in pertinent part, provides guidelines for the
preparation of the DD Form 214. Paragraph 2-9 instructs the preparer to
enter in items 5a/5b the rank/pay grade in which serving at the time of
separation.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the orders promoting the applicant to the
rank/pay grade of SGT/E-5 were dated 3 May 1969 and his DD Form 214 was
issued on
6 May 1969. It appears that the promotion orders were not received early
enough to be annotated on the applicant’s DD Form 214. Therefore, in the
interest of justice, it is appropriate to correct his records to show his
promotion to SGT/E-5, with an effective date of rank of 12 April 1969.
2. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 May 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 5 May 1972. 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:
__JR ___ ____RS _ ___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 his rank/pay grade as SGT/E-5
and his date of rank as 12 April 1969.
____ Jeffrey Redmann______
CHAIRPERSON
INDEX
|CASE ID |AR20060004740 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20061116 |
|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. |100.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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