IN THE CASE OF:
BOARD DATE: 23 December 2008
DOCKET NUMBER: AR20080009690
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 rank be corrected to show specialist four/pay grade E-4 and further requests pay at the grade of E-4 for six months while he was stationed in Oklahoma (OK) in lieu of private first class (PFC)/pay grade E-3.
2. The applicant states, in effect, that he has a document which indicates he was an E-4 and that he didn't receive pay for that pay grade.
3. The applicant provides a self-authored note, dated 18 September 2007;
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); 1st Battalion, 2d Infantry Unit Order Number 5, dated 23 March 1967; Headquarters, 1st Infantry Division Special Orders Number 360, dated
26 December 1967; and 2nd Howitzer Battalion (105mm), 2nd Artillery, Fort Sill, OK, Special Orders Number 36, dated 4 March 1968 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 record shows that he was inducted into the Army of the United States and entered active duty on 1 July 1966. He completed basic and advanced individual training and was awarded military occupational specialty 76K (General Supply Specialist). The highest rank he attained while serving on active duty was the grade of PFC.
3. The applicant's DD Form 214 shows that on 28 June 1968 he was honorably released from active duty after completing 1 year, 11 months, and 28 days of active military service. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.
4. The applicant provided 1st Battalion, 2d Infantry Unit Order Number 5, dated 23 March 1967, appointing him to the temporary grade of SP4. He also provided a reassignment order dated 4 March 1968 which shows his grade as SP4.
5. The applicant's DA Form 20 (Enlisted Qualification Record), item 2 (Grade) shows the entry "PFC E-3." Item 33 (Appointments and reductions) on his DA Form 20 shows the entry, "SP4 E4 (T) 23Mar67 SO84 Hq1stInfDiv USARPAC 1967" (line through in the original). The applicant's personnel records contain a DD Form 173 (Joint Messageform), dated 26 March 1968 that indicates the applicant was not promoted to SP4 on Special Orders Number 84. Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on 6 March 1968.
6. The applicant's records contain Headquarters, 1st Infantry Division, Special Orders Number 197, dated 16 July 1967; and Headquarters, 1st Infantry Division, General Orders Number 8905, dated 14 December 1967 (both dated later than the appointment order to SP4) that show his rank/grade as PFC/E-3.
7. The applicant's 28 June 1968 DD Form 214 and separation orders extract, Special Orders Number 154, dated 25 June 1968, published by Headquarters, U.S. Army Artillery and Missile Center, both show his rank/grade as a PFC/E-3.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to show the rank of SP4/pay grade E-4 and that he should be paid six months of back pay for pay grade E-4 was given careful consideration. However, it was determined that the available evidence was insufficient to support his claim.
2. The applicant provided two documents which indicated his rank as SP4/pay grade E-4. All other pertinent documents in his available records show his rank as PFC/pay grade E-3, thus the preponderance of available evidence leads to the assumption that the appointment orders may have been revoked or rescinded.
3. There is insufficient evidence upon which to base correction of the applicant's records as requested. As a result, the regulatory burden of proof necessary to support this request has not been satisfied and there is no basis to amend the applicant's records as requested.
4. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit sufficient evidence that would satisfy this requirement. This action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20080009690
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080009690
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2001 | 2001063251C070421
The Board notes the applicant’s request that his military records be corrected to show he was promoted to the rank of SP4/E-4, effective 8 January 1968. However, although he provided a copy of unit orders that seem to indicate he was promoted to SP4/E-4, effective 8 January 1968, the Board finds insufficient corroborating evidence to support this claim. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Army Good...
ARMY | BCMR | CY2015 | 20150003704
It also shows in: * Items 5a and 5b - PFC(P) and E-3 respectively * Item 6 (Date of Rank) - 21 September 1967 * Item 24 - the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Item 30 (Remarks) - continuation of item 5a, PFC/E-3 (Permanent), date of appointment and date of rank 21 September 1967 15. After he was wounded, the applicant was reassigned from Vietnam in the rank/grade of PFC/E-3,...
ARMY | BCMR | CY2010 | 20100030204
The applicant requests correction of his military service records to his rank and pay grade as sergeant (SGT)/E-5 instead of private first class (PFC)/E-3. Unit Orders Number 52, dated 11 September 1968 issued by the 5th Battalion, 1st Infantry shows that he was reduced to the rank and pay grade PFC on 10 September 1968. It states, 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.
ARMY | BCMR | CY2008 | 20080009316
Application for correction of military records (with supporting documents provided, if any). Item 2 (Grade) shows the FSM held the rank of PFC and Item 3 (Date of Rank) shows 20 February 1969. Item 24 of the FSM's DD Form 214, as amended by a DD Form 215 (Correction to the DD Form 214) issued on 25 June 2007, shows the FSM earned the following awards during his active duty tenure: NDSM, BSM with "V" Device and 1st Oak Leaf Cluster, RVNCM, VSM, AM and CIB.
ARMY | BCMR | CY2006 | 20060001342C070205
The applicant also states, in effect, that his discharge document shows his grade of rank as E- 3, but it should be E-4; In addition, his discharge document does not show that he was part of a special jump unit in Vietnam or that he was awarded the Purple Heart. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. issuing the...
ARMY | BCMR | CY2012 | 20120006314
IN THE CASE OF: BOARD DATE: 4 October 2012 DOCKET NUMBER: AR20120006314 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The evidence of record clearly shows the applicant's rank/grade at the time of his retirement was PFC/E-3.
ARMY | BCMR | CY2009 | 20090002197
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of the rank and pay grade shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant contends, in effect, that the rank and pay grade shown on his DD Form 214 with an effective date of 10 December 1970 should be corrected because there is no documentation in his records reducing him from PFC/E-3 to...
ARMY | BCMR | CY2011 | 20110007877
The applicant requests correction of his records to show he was promoted to the rank/grade of specialist five (SP5)/E-5 prior to his release from active duty. On 15 July 1968, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, published SO Number 197 showing he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) effective 15 July 1968. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record...
ARMY | BCMR | CY2006 | 20060001065C070205
James Hastie | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Headquarters, U.S. Army Personnel Center, Special Orders Number 195 dated 14 July 1969 released the applicant from active duty on 14 July 1969. Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 July 1969; therefore, the time for the applicant to file a request for correction of any error or...
ARMY | BCMR | CY2010 | 20100019030
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * total foreign service * award of the Purple Heart and Vietnam Service Medal * last rank and pay grade as specialist four (SP4)/E-4 2. His DA Form 20 (Enlisted Qualification Record) prepared from temporary records on 23 May 1969 shows: * item 31 (Foreign Service) arrival date in Vietnam not indicated and departure date from Vietnam as 24 May 1969 * item 33...