RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 April 2007
DOCKET NUMBER: AR20060014891
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. Gerard W. Schwartz
Acting Director
Ms. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. Curtis L. Greenway
Chairperson
Mr. Michael J. Flynn
Member
Mr. Edward E. Montgomery
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, that item 4b (Pay Grade), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), be corrected to show the entry "O-5", instead of "O-4."
2. The applicant states, in effect, that this entry is just a typographical error.
3. The applicant provides a copy of his DD Form 214 and several documents from his Official Military Personnel File (OMPF) in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 31 July 1987, the date of his separation for the purpose of retirement. The application submitted in this case is dated 12 October 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 applicants failure to timely file.
3. The applicant's military records show he was appointed in the Regular Army in the rank of second lieutenant (2LT/O-1) on 6 June 1967. He was promoted to lieutenant colonel (LTC/O-5) with an effective date and date of rank of 1 November 1983. He served until he was separated for the purpose of retirement on 31 July 1987. He was placed on the Retired List effective 1 August 1983, in the rank and pay grade of LTC/O-5.
4. Item 4a (Grade, Rate, or Rank), of his DD Form 214, shows the entry "LTC," item 4b (Pay Grade) shows the entry "O-4," and item 12h (Effective Date of Pay Grade) shows the entry "19831101" (1 November 1983).
5. The applicants records revealed no derogatory information.
6. On 15 March 2007, an inquiry was made to DFAS (Defense Finance and Account Services), Retired Pay. DFAS confirmed that the applicant was receiving retired pay in the pay grade of O-5.
7. Army Regulation 635-5 provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that item 4a and 4b will be completed to show the active duty grade or rank and pay grade at the time of separation. It also states that item 12h (Effective Date of Pay Grade) will be completed to show the effective date of promotion to the current pay grade from the most recent promotion order or reduction instrument.
DISCUSSION AND CONCLUSIONS:
1. The evidence of records shows that the applicant was promoted to LTC/O-5 with an effective date and DOR of 1 November 1983. He continued to serve until he was separated for t0020he purpose of retirement on 31 July 1987. He was placed on the Retired List in the rank and pay grade of LTC/O-5.
2. DFAS, Retired Pay, confirmed that the applicant was receiving retired pay in the pay grade of O-5. It is apparent that an administrative error occurred during the preparation of his DD Form 214 due to no fault of his own. His records revealed no derogatory information. Therefore, it would be appropriate, as a matter of fairness and equity, to correct his DD Form 214 to show that he was released from active duty in the pay grade of O-5. Therefore, he is entitled to correction of item 4b, of his DD Form 214, to show the entry "O-5" instead of the entry "O-4."
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 July 1987; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 July 1990. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
__EM ___ __CLG__ __MJF__ 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 the entry "O-5" in item 4b (Pay Grade) of his DD Form 214.
______Curtis L. Greenway___
CHAIRPERSON
INDEX
CASE ID
AR20060014891
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070412
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19870731
DISCHARGE AUTHORITY
AR .635-100, chap 4
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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