RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 31 January 2008
DOCKET NUMBER: AR20070010213
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.
Ms. Catherine C. Mitrano
Director
Ms. Deyon D. Battle
Analyst
The following members, a quorum, were present:
Mr. John Infante
Chairperson
Mr. Eric N. Anderson
Member
Mr. David K. Haasenritter
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 correction of his Report of Transfer or Discharge (DD Form 214) to show that he was released from active duty (REFRAD) in the rank and pay grade of staff sergeant (E-6).
2. The applicant states, in effect, that he was promoted to the pay grade of E-6 prior to his discharge; however, the incorrect pay grade was annotated on his DD Form 214.
3. The applicant provides in support of his application, a copy of his DD Form 214; a copy of a request for orders for promotion dated 29 August 1968; a copy of Special Orders Number 2023 dated 3 April 1968 awarding him the Army Commendation Medal; a copy of a Presentation of Award of the Army Commendation Medal dated 19 September 1968; and a copy of General Orders Number 93 dated 30 April 1968 awarding him the Army Good Conduct Medal.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 6 September 1966, the applicant was inducted into the Army in Minneapolis, Minnesota. He successfully completed his training as an Infantry Indirect Fire Crewman.
3. The applicant was promoted to the pay grade of E-2 on 6 September 1966 and he was promoted to the pay grade of E-3 on 25 January 1967. He was transferred to Vietnam on 27 January 1967.
4. The applicant was promoted to the temporary pay grade of E-4 on 8 June 1967 and he was promoted to the temporary pay grade of E-5 on 4 November 1967. He was transferred to the Continental United States on 17 February 1968 and he was assigned to Headquarters and Headquarters Company, 4th Battalion, 46th Infantry, 1st Armored Division, Fort Hood, Texas.
5. On 29 August 1968, the Commander, 4th Battalion, 46th Infantry, 1st Armored Division submitted a request for orders to the Commanding General, 1st Armored Division requesting that the applicant be promoted to the temporary pay grade of E-6, under the provisions of Army Regulation 600-200, paragraph 7-7, with an effective date of 29 August 1968.
6. There is no evidence in the available record, nor has the applicant provided any evidence to show that promotion orders were ever published or that he served in the rank and pay grade of staff sergeant, E-6.
7. Special Orders Number 216 were published on 30 August 1968, releasing the applicant from active duty in the pay grade of E-5, with an effective date of 5 September 1968, and transferring him to the United States Army Control Group (Annual Training).
8. Accordingly, on 6 September 1968, the applicant was REFRAD in the pay grade of E-5, at the expiration of his term of service and he was transferred to the USAR Control Group (Annual Training) to complete his Reserve obligation. Items number 5a and 5b on the DD Form 214 that he was furnished shows that he was REFRAD in the temporary grade, rate or rank and pay grade of sergeant (SGT(T)) E-5.
9. 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. In accordance with the applicable regulation, the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of REFRAD or discharge and his DD Form 214 shows that he was separated in the pay grade of E-5.
2. The available evidence indicates that a request for orders was submitted to the Commanding General, 1st Armored Division requesting that the applicant be promoted to the temporary pay grade of E-6. However, there is no evidence in the available record, nor has the applicant submitted any evidence to show that orders were ever published promoting him to the pay grade of E-6 or that he ever served in the rank of staff sergeant.
3. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JI _ __ENA__ __DKH__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____John Infante _____
CHAIRPERSON
INDEX
CASE ID
AR20070010213
SUFFIX
RECON
DATE BOARDED
20080131
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1. 189
110.0000/SEPARATION DOCUMENT
2. 302
129.0000/PAY GRADE
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070015991
This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. There is no evidence in the available record, nor has the applicant submitted any evidence, to support his contention that he was told that he was being awarded or that he was entitled to either the...
ARMY | BCMR | CY2011 | 20110016219
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was born in Las Piedras, Puerto Rico, that his last duty assignment was Company A, 4th Battalion, 196th Light Infantry Brigade, Americal Division, that his military occupational specialty (MOS) is 11B4O and that he was awarded the Bronze Star Medal (BSM). A review of the applicant's records shows the applicant had "excellent" conduct and efficiency...
ARMY | BCMR | CY2009 | 20090010671
These orders indicate the applicant was assigned to HHC, 5th Battalion of the 46th Infantry, as his last duty assignment before being released from active duty. Based on the evidence, the applicant is entitled to a correction of Item 12 of his DD Form 214 to show that his last unit of assignment was HHC, 5th Battalion, 46th Infantry, 198th Light Infantry Brigade. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting...
ARMY | BCMR | CY2009 | 20090003166
The applicant's military personnel service record shows that he was inducted into the Army of the United States, on 15 August 1966, for a 2-year period of service. A review of the applicant's available military personnel record shows two promotion orders: a. Although the applicants active duty service was honorable, and the sacrifices he made for his country were significant, absent any evidence of record that shows he was ever recommended for, or promoted to sergeant/pay grade E-5 by...
ARMY | BCMR | CY2009 | 20090002316
e. Item 41 (Awards and Decorations) is absent an entry showing award of the Silver Star; however, this item shows the applicant was awarded the Purple Heart per Headquarters, 71st Evacuation Hospital (Vietnam), General Orders Number 62 (1968). There are no orders or other evidence in the applicants military personnel records showing he was awarded the Silver Star. There are no orders or other evidence in the applicants military personnel records showing he was awarded the Silver Star.
ARMY | BCMR | CY2013 | 20130017569
The applicant requests correction of his records to show he was promoted from pay grade E-4 to pay grade E-5. A review of the available records fails to show that orders were ever published promoting the applicant to pay grade E-5 while he was in the Army. _______ _ x_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ARMY | BCMR | CY2011 | 20110007877
The applicant requests correction of his records to show he was promoted to the rank/grade of specialist five (SP5)/E-5 prior to his release from active duty. On 15 July 1968, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, published SO Number 197 showing he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) effective 15 July 1968. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record...
ARMY | BCMR | CY2011 | 20110012417
Application for correction of military records (with supporting documents provided, if any). Headquarters, 723rd Maintenance Battalion, Unit Orders Number 76, dated 21 October 1968, appointed the applicant to the temporary grade of specialist four (SP4)/pay grade E-4. There are no orders or any other document that shows he was appointed or promoted to the rank of SGT (E-5).
ARMY | BCMR | CY2005 | 20050002326C070206
However, item 38 (record of assignments) on his Department of the Army Form 20 (Enlisted Qualification Record) contains a penciled entry replacing his typed duty MOS (military occupational specialty) of 71B20 with a duty MOS of 11E and a handwritten principal duty title of "tank armored" over the typed entry of clerk typist. The evidence confirms the applicant did hold an infantry specialty, was assigned to a cavalry unit, was wounded as a result of hostile actions, and the statement...
ARMY | BCMR | CY2008 | 20080005742
The applicant requests award of the Combat Infantryman Badge (CIB) for combat action against the enemy in the Republic of Vietnam during 1968 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM). The applicant provides a copy of his DD Form 214; his citation and general orders for award of the ARCOM; his promotion orders to specialist four; his DD Form 215 (Correction to DD Form 214); and...