RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080001091 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 his rank in Item 5a (Grade, Rate or Rank) of his separation document (DD Form 214) be corrected to show SGT because his rank was E-5 when he separated from the Army.

2.  The applicant states, in effect, it may have been an administrative error, but he made his E-5 while he was assigned to the Advanced Individual Training (AIT) Command Group Company, Fort Ord, California.  He was offered a promotion to E-6 if he had volunteered to stay in the Republic of Vietnam; therefore, his rank should have remained E-5.  He would also like a Medal set for the Purple Heart he lost be sent to him.

3.  The applicant provides a copy of a personal statement and his DD Form 214.

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.  Army Retirees and Veterans who terminated their service prior to October 1, 2002, and who request previously approved awards, such as requests for orders, certificates, and medal sets must submit their requests to the National Personnel Records Center (NPRC) in St. Louis, Missouri.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with the verification to the appropriate service department for issuance of the medals.
 
The NPRC's eVetRecs system, located at http://www.archives.gov is the preferred method for submission of requests for medals and awards.  Retirees/Veterans must provide as much information as possible in the comments field.  
 
Requests submitted to NPRC may be submitted via a letter or the Standard Form (SF) 180, which can be found at the above website.  Requests must include a copy of the veteran's/retiree's separation or discharge paperwork and any other supporting documentation to substantiate request.  Completed requests should be mailed to the following address:
 
	National Personnel Records Center 
	Attention: Army Reference Branch
	9700 Page Avenue
	St. Louis, MO 63132-5100

In view of the above, the applicant’s request for a replacement award will not be further discussed in this Record of Proceedings. 

3.  The applicant's military personnel record shows he was inducted into the Army of the United States on 2 November 1967.  He completed the necessary training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  Company D, 2d Battalion, 14th Infantry, Unit Order Number 43, dated  
1 September 1968, shows the applicant was appointed to temporary grade specialist four (SP4)/E-4.

5.  Headquarters, Second AIT Brigade, U.S. Army Training Center, Infantry Special Orders Number 190, dated 17 September 1969, shows the applicant was appointed to temporary grade sergeant (SGT).

6.  Item 5a and 5b of the DD Form 214 he was issued shows the entries "SP4 (T) See 30/E-4." Item 6 (Date of Rank) of his DD Form 214 shows the entry "1 Sep 68" and Item 30 (Remarks) of the DD Form 214 shows the entry "Item 5a:  PFC E-3 (P) Apt 20 Apr 68."  The applicant was honorably released from active duty on 31 October 1969.

7.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation states, in pertinent part, to enter the grade in which serving at the time of separation, indicating whether permanent or temporary.   Enter the date of rank shown and if the date of rank is different from the date of appointment, enter the date of appointment in the remarks section of the DD Form 214.



DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his rank in Item 5a of his DD Form 214 be corrected to show SGT, because he was an E-5 when he separated from the Army.

2.  The evidence shows that the applicant was appointed to temporary grade SGT by Headquarters, Second AIT Brigade, U.S. Army Training Center, Infantry Special Orders Number 190, on 17 September 1969, which is approximately  
45 days prior to his separation from the Army.  The evidence clearly shows the applicant held his temporary grade as SGT (T) prior to his separation from the Army.

3.  Army Regulation states to enter the grade in which serving at the time of separation, indicating whether permanent or temporary.  It further states enter the date of rank shown and if the date of rank is different from the date of appointment, enter the date of appointment in the remarks section of the DD Form 214.

4.  Based on the preponderance of evidence, it is reasonable to conclude that the applicant is entitled to correction of his record to show his rank and grade as SGT (T)/E-5 with a date of rank of 17 September 1969, in Items 5a, 5b, and Item 6 of his DD Form 214.  Based on this correction, it is also necessary to enter in Item 30 of his DD Form 214 the entry Item 5a:  SP4 E-4 (P) Appointed
1 September 1968.

BOARD VOTE:

__x __  __x__  __x       __   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 showing in items 5a, 5b, and 6 of the DD Form 214 the applicant's rank and grade as SGT (T)/E-5 and his date of rank as 17 September 1969, and in Item  
30 of his DD Form 214 enter Item 5a:  SP4 E-4 (P) Appointed 1 September 1968.




      ___       x               ___
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080001091



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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