IN THE CASE OF:
BOARD DATE: 5 August 2008
DOCKET NUMBER: AR20080007982
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 requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 6 January 1972 be corrected to show his rank and pay grade as Sergeant (SGT)/E-5.
2. The applicant states, in effect, that he was promoted prior to his discharge and the rank on his DD Form 214 is wrong and should be changed to (SGT)/E-5.
3. The applicant provides Headquarters, U.S. Army Training Center and Fort Campbell Special Orders Number 4, dated 6 January 1972.
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 enlisted in the Regular Army on 30 January 1970 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 13B (Field Artillery Operations Intelligence Specialist).
3. Headquarters, U.S. Army Training Center and Fort Campbell Special Orders Number 4, dated 6 January 1972, show that the applicant was promoted to the rank and grade of SGT/E-5 effective 21 December 1971. There is no evidence of any adverse information or that he was later reduced.
4. The applicant was honorably released from active duty on 6 January
1972 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 5a (Grade, Rate, or Rank) of the applicant's DD Form
214 shows the rank of Specialist Four (SP4). Item 5b (Pay Grade) shows the pay grade of E-4. Item 6 (Date of Rank) erroneously shows "36 May 1971."
DISCUSSION AND CONCLUSIONS:
Headquarters, U.S. Army Training Center and Fort Campbell Special Orders Number 4, dated 6 January 1972 show the applicant was promoted to the pay grade of E-5 effective 21 December 1971, prior to his separation. Therefore, his DD Form 214 with the ending period 6 January 1972 should be corrected to show his rank/pay grade as SGT/E-5 effective 21 December 1971.
BOARD VOTE:
___xx___ ___xx___ ___xx___ 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:
a. deleting the entry in item 5a of his DD Form 214;
b. amending his DD Form 214 in item 5a to add "SGT";
c. deleting the entry in item 5b of his DD Form 214;
d. amending his DD Form 214 in item 5b to add "E-5";
e. deleting the entry in item 6 "23" day, "May" month, and "71" year of his DD Form 214; and
f. amending his DD Form 214 in item 6 to add "21" day, "Dec" month, and "71" year.
_______ xxxx_______ ___
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) AR20080007982
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ABCMR Record of Proceedings (cont) AR20080007982
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