RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 June 2007
      DOCKET NUMBER:  AR20060015721


      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      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 the rank on his separation
document be corrected to specialist five (SP5).

2.  The applicant states, in effect, he held the rank of SP5 at the time of
his separation and he was very proud to have attained this rank in less
than 24 months of service.  He would now like his DD Form 214 to accurately
reflect this rank.

3.  The applicant provides SP5 promotion orders and a final pay voucher in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 8 September 1971, the date of his separation.  The
application submitted in this case is dated 30 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 applicant’s failure to timely file.

3.  The applicant's record shows that he was inducted into the Army and
entered active duty on 25 September 1969.  He was trained in, awarded and
served in military occupational specialty (MOS) 94B (Cook).

4.  The applicant's record shows that during his active duty for 1 year, 11
months and 14 days until being honorably separated by reason of Secretarial
Authority on 8 September 1971.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, United States Army Engineer Center and Fort Belvoir, Fort
Belvoir, Virginia, Special Orders Number 206, dated 26 August 1971, which
directed his relief from active duty and transfer to the United States Army
Reserve (USAR) on 8 September 1971.  The standard name line of these orders
listed the applicant's rank as SP5, and the orders authorized his transfer
into the USAR in the Reserve grade of SP5.

6.  The DD Form 214 issued to the applicant on the date of his separation,
8 September 1971, contains no legible entry in Item 5a (Grade, Rate or
Rank), Item 5b (Pay Grade) and Item 5c (Date of Rank).  It does show he
completed a total of 1 year, 11 months and 14 days of active military
service and that he was honorably separated by reason of Secretarial
Authority.

7.  On 1 September 1975, the applicant was honorably discharged from the
USAR.  Department of the Army (DA), Office of the Adjutant General (OTAG),
United States Army Reserve Components Personnel and Administration Center
(ARPERSCEN), St. Louis, Missouri, Letter Orders Number 08-1252753, dated
20 August 1975, directed the applicant's honorable discharge from the USAR
on
1 September 1975.  These orders listed his rank as SP4.

8.  The applicant provides Headquarters, Military District of Washington,
United States Army, Fort Leslie J. McNair, Washington D.C. Special Orders
Number 24, dated 3 August 1971.  These orders authorized the applicant's
promotion to SP5 in MOS 94B, effective 3 August 1971.  He also provides his
final Military Pay Voucher (DA Form 2139) that shows on 8 September 1971,
he received his final pay as a SP5.  He also provides a DA Form 2139
covering the pay period
17 through 30 June 1972, which shows he received Reserve training duty pay
for that period in the pay grade E-5.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show
he attained and held the rank of SP5 was carefully considered and found to
have merit.  The evidence of record confirms the applicant was promoted to
SP5 on
3 August 1971, shortly before his release from active duty, as evidenced by
the promotion orders provided by the applicant, and the separation orders
on file in his record.

2.  The applicant also provides his final active duty pay voucher and a pay
voucher issued for Reserve training duty, which both show he was being paid
in the pay grade of E-5.
3.  Although Items 5a, 5b and 5c of his DD Form 214 appear to be blank and
his USAR discharge orders list his rank as SP4, it is reasonable to presume
that the applicant was promoted so close to his release from active duty
that his records and separation documents were never properly updated to
reflect this promotion as a result of an administrative error.  Therefore,
it would be appropriate to correct his DD Form 214 and USAR discharge
orders accordingly.

BOARD VOTE:

___CD__  __MJF  __  __JCR__  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 8 September 1971 DD Form
214 by adding the entry "SP5" to Item 5a; by adding the entry "E-5" to Item
5b; and by adding the entry "3 August 1971" to Item 5c; by amending his
USAR Discharge Orders (DA, OTAG, ARPERSCEN, Letter Orders Number 08-
1252753, dated
20 August 1975) to show his rank as SP5; and by issuing him corrections to
these separation documents that reflect this rank change.




                            _____Carmen Duncan____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015721                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/07                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/09/08                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |SecAuth                                 |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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