IN THE CASE OF:	   

		BOARD DATE:	        4 September 2008

		DOCKET NUMBER:  AR20080004079 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).
 
2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant request, in effect, that her date of rank be corrected to show the effective date as 20 February 1966.

2.  The applicant states, in effect, that Item 6 (Date of Rank) on his DD Form 214 (Armed Forces of The United States Report of Transfer or Discharge), dated 29 January 1968 should reflect the date 20 February 1966.  

3.  The applicant provided a copy of her DD Form 214, dated 29 January 1968 in support of this 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 military records show that she entered active duty on 30 September 1965 for a period of 3 years.  After completion of basic and advanced individual training, she was awarded military occupational specialty (MOS) 71B (Clerk Typist).  

3.  Headquarters, Walter Reed Army Medial Center, Washington, DC Special Orders Number 43, dated 20 February 1967 shows the applicant held the rank of private first class, pay grade E-3, and was promoted to the temporary grade of specialist four, E-4.

4.  On 29 January 1968, the applicant was honorably discharged.  

5.  Item 5a (Grade, Rate or Rank) and item 5b (Pay Grade) on her DD Form 214 shows her rank and pay grade as specialist four, temporary, E-4.  Item 6 (Date of Rank) on her DD Form 214 shows the date is 20 February 1946.  

6.  Her DA Form 20 (Enlisted Qualification Record) shows in item 3 (Date of Rank) is 20 February 1967.  

7.  There is no evidence of record which shows the applicant's effective date of rank is 20 February 1966.

8.  A memorandum from the U.S. Army Human Resources Command, St. Louis, Missouri, Chief of the Enlisted Promotions Division shows that the Soldier's record does not disclose the actual promotion instrument used to promote her to the rank of specialist four/pay grade E-4.  However, the applicant's DA Form 20 reflects that the applicant's date of rank as a specialist, pay grade E-4 is 20 February 1967.  

9.  The memorandum continues that the applicant entered the military on 30 September 1965 and it is logical to assume she couldn't have been promoted to the rank of specialist four/pay grade E-4, on 20 February 1966, as the period of time (4 months and 21 days) does not meet the minimum Time in Grade requirements for promotion to the rank of specialist/pay grade E-4.  

10.  The memorandum shows that the Chief of the Enlisted Promotions Division recommended that the Soldier's DD Form (data element 6) be amended and/or corrected to reflect a date of rank of 20 February 1967.  




11.  A copy of the memorandum was provided to the applicant for comment or possible rebuttal.  However, she did not respond within the allotted timeframe.

12.  Army Regulation 600-200 (Personnel Management), in effect at the time, prescribed policies pertaining to career management of Army enlisted personnel, to include enlisted promotions and reductions.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her effective dated of rank should be corrected to show 20 February 1966.

2.  Evidence of record shows the applicant was effectively promoted on 20 February 1967 to the rank of specialist four (T)/pay grade E-4.  

3.  A memorandum from the U.S. Army Human Resources Command, St. Louis, Missouri, Chief of the Enlisted Promotions Division also shows that the applicant entered the military on 30 September 1965 and it is logical to assume she couldn't have been promoted to specialist four/pay grade E-4, on 20 February 1966, as the period of time (4 months and 21 days) does not meet the minimum Time in Grade requirements for promotion to specialist four.  The Chief of the Enlisted Promotions Divisions recommends the applicant's records be corrected to show her effective date of rank as 20 February 1967.  Therefore, there is sufficient evidence to correct the applicant's records to show she was promoted to the rank of specialist four/pay grade E-4 on 20 February 1967.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X_____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that her effective date of rank is 20 February 1967 in item 6 (Date of Rank) on her DD Form 214.
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing her date of rank is 20 February 1966 on her DD Form 214.




      _______ _  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.

      


ABCMR Record of Proceedings (cont)                                         AR20080004079





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ABCMR Record of Proceedings (cont)                                         AR20080004079



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