RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 January 2008
	DOCKET NUMBER:  AR20070012472 


	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

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Gerald J. Purcell

Chairperson

Mr. Donald L. Lewy

Member

Mr. David W. 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 correction of Item 5a (Grade, Rate or Rank) and Item 5b (Pay Grade) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), from "private first class (PFC)/E-3 (P)" to "specialist four (SP4)/E-4." 

2.  The applicant states that his rank and pay grade are erroneously listed as PFC/E-3.

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 30 January 1968; a copy of his DA Form 20 (Enlisted Qualification Record); and a copy of Honorable Discharge Certificate, dated 1 March 1972, in support of his application.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that he was inducted into the Army of the United States on 2 March 1966 in the grade of private/E-1.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 63C (Auto Maintenance Helper).  He was honorably released from the Army and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 30 June 1968.

3.  The applicant’s records further show that he was promoted to the rank of private/E-2, effective  2 July 1966 in accordance with paragraph 7-19 of Army Regulation 600-200 (Enlisted Personnel Management System). 


4.  Headquarters, 63rd Heavy Equipment Maintenance Company (General Support), Fort Bragg, North Carolina, Unit Order Number 60, dated 9 September 1966, shows that the applicant was permanently appointed to the rank of   PFC/E-3 in accordance with paragraph 7-20 of Army Regulation 600-200. 

5.  Headquarters, 632nd Heavy Equipment Maintenance Company (General Support), Republic of Vietnam, Unit Orders Number 3, dated 9 January 1968, show that the applicant was permanently appointed to the rank of SP4/E-4 in accordance with paragraph 7-13 of Army Regulation 600-200. 

6.  Item 33 (Appointments and Reductions) of the applicant's DA Form 20 shows the highest rank the applicant attained during his military service was SP4/E-4.

7.  On 23 January 1968, Headquarters, United States Army Support Command, Republic of Vietnam, published the applicant's port call instructions for air travel back to the United States, listing his grade as PFC/E-3.

8.  On 25 January 1968, the applicant was issued his Installation Clearance Record in the Republic of Vietnam, listing his rank as PFC/E-3.

9.  On 29 January 1968, Headquarters, U.S. Army Personnel Center, Fort Dix, New Jersey, published Special Orders Number 29, releasing the applicant from active duty and transferring him to the USAR Control Group (Reinforcement), in the grade of SP4/E-4 

10.  On 30 January 1968, the U.S. Army Transfer Station, Fort Dix, New Jersey, notified the Adjutant General, State of New Jersey, that the applicant was released from active duty in the rank of PFC/E-3 (T) and reassigned to the Ready Reserve.

11.  The applicant's Honorable Discharge Certificate, dated 1 March 1972, shows his rank as SP4/E-4.

12.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 contained Army-wide promotion policy and procedures.  It stated, in pertinent part, that promotion of enlisted personnel to grade E-3 through E-9, appointments, grade reductions, and grade restorations were announced in routine orders.  Unit orders were issued for promotion to grade E-3 and E-4.  Orders announcing promotion to grade E-3 or E-4 were usually published in advance of the date the Soldier actually achieved promotion eligibility. 
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his rank and grade should be corrected to show SP4/E-4 instead of PFC/E-3.

2.  The applicant's records are replete with documents containing conflicting ranks.  This is understandable due to the proximity of the date the applicant was promoted to SP4/E-4 (9 January 1968) and the date he departed the Republic of Vietnam (28 January 1968). 

3.  Unit Orders show that the applicant was permanently appointed to the rank of SP4/E-4 in accordance with Army Regulation 600-200 on 9 January 1968.  There are no orders showing he was subsequently reduced, therefore, he is entitled to correction of his records to show the rank of SP4/E-4.

BOARD VOTE:

__gjp___  __dll___  __dwt___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "PFC (P)" from Item 5a of the applicant's DD Form 214 and adding the entry "SP4 (P)" and deleting the entry "E-3" from Item 5b of the applicant's DD Form 214 and adding the entry "E-4."





						Gerald J. Purcell
______________________
          CHAIRPERSON



INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.