RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 March 2008
DOCKET NUMBER: AR20070016748
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. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. William D. Powers
Member
Mr. Jerome L. Pionk
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 5a (Grade, Rate, or Rank) be corrected to show the entry "SP5" (Specialist Five), instead of the entry "SP4" (Specialist Four); and item 5b (Pay Grade), be corrected to show the entry "E5," instead of "E4," of his DD Form 214 (Armed Forces of the United Report of Transfer or Discharge).
2. The applicant states, in effect, that he was promoted to SP5 before he was separated from the Army and requests that his DD Form 214 be corrected to reflect his rank and pay grade as SP5/E-5.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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. The applicant's record shows he was inducted on 10 January 1969. He successfully completed basic combat training and advanced individual training at Fort Benning, Georgia. On completion of his training, he was awarded the military occupational specialty (MOS), 11E, Armor Crewman.
3. The applicant's records contain a copy of Headquarters, 4th Armored Division Special Orders Number 299, dated 26 October 1969, which shows that he was promoted to SP4/E4 effective 17 October 1969.
4. The applicant's records contain a copy of Headquarters, 4th Armored Division
Special Orders Number 111, dated 21 April 1970, which shows that he was promoted to SP5/E-5 effective 7 April 1970.
5. The applicant served in Germany from 28 May 1969 to 31 December 1970. He served until he was released from active duty on 31 December 1970.
6. The applicant's records contain a copy of Headquarters, 4th Armored Division Special Orders Number 302, dated 29 October 1970. These orders show he was reassigned to the transfer point, at Fort Dix, New Jersey, for separation processing in the rank of "SP5."
7. The applicant's records contain a copy of Headquarters, US Army Personnel Center Special Orders Number 365, dated 31 December 1970. These orders show he was released from active duty in the rank of "SP5."
8. Item 5a, of his DD Form 214, shows the entry "SP4," item 5b, shows the entry "E4," and item 6 shows the entry "7 Apr 70" (7 April 1970).
9. The applicants records revealed no derogatory information.
10. Army Regulation 635-5 provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that item 5a (Grade, Rate or Rank) and 5b (Pay Grade) will be completed to show the active duty grade or rank and pay grade at the time of separation. It also states that item 6 (Date of Rank) will be completed to show the date of rank of the promotion to the current pay grade from the most recent promotion order or reduction instrument.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant was promoted to SP4/E-4 effective 17 October 1969 and to SP5/E-5 effective 7 April 1970. The evidence also shows that he was separated in the rank of SP5. A review of his records revealed no derogatory information that would have resulted in his being reduced in rank and pay grade before his release from active duty.
2. Based on the information contained in the applicant's records, it is apparent that a clerical error occurred at the time of preparation of his DD Form 214. The applicant held the rank and pay grade of SP5/E-5 at the time of his release from active duty. Therefore it would be appropriate, to correct his DD Form 214 to show that he was discharged in the rank and pay grade of SP5/E-5. He is entitled to correction of item 5a to show the entry "SP5" and item 5b to show the entry "E5," of his DD Form 214. Item 6, DOR, is correct as currently shown and shows his correct DOR for SP5.
BOARD VOTE:
__A_____ ___WDP_ __JP___ 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:
a. by showing the entry "SP5" in item 5a (Grade/Rate or Rank) of his DD Form 214; and
b. by showing the entry "E5" in item 5b (Pay Grade) of his DD Form 214.
_____James E. Anderholm_______
CHAIRPERSON
INDEX
CASE ID
AR20070016748
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20080304
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19701231
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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