IN THE CASE OF:	  

		BOARD DATE:	
		DOCKET NUMBER:  AR20080010132 


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 correction of his records to show he was separated in the grade of E-5 instead of E-4.

2.  The applicant states that he was promoted to E-5 in February 1970 while assigned to the 457th Supply Company, Eighth Army, Korea.  

3.  The applicant did not provide any additional documentary evidence 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 records show that he was inducted into the Army of the United States on 6 June 1968 in the rank/grade of private (PVT)/E-1.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76Q (Special Purpose Equipment Repair Parts Specialist).  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 28 May 1970.

3.  The applicant’s records further show that upon successful completion of basic combat training, he earned an accelerated promotion to the rank of private/E-2, effective 6 October 1968 in accordance with paragraph 7-19b of Army Regulation 600-200 (Enlisted Personnel Management System), accelerated advancement. 

4.  On 3 February 1969, Service Company, Special Troops, U.S. Army School and Training Center and Fort Gordon, Fort Gordon, Georgia, published Unit Orders Number 11, announcing the applicant's promotion to private first class (PFC)/E-3, effective 3 February 1969.

5.  The applicant's records further show that he served in Korea from 3 June 1969 to 27 May 1970.  He was assigned to the 457th Supply Company, U.S. Army Pacific Command (USARPAC)-Korea.

6.  Headquarters, Eighth U.S. Army, Korea, published Special Orders Number 253, on 10 September 1969, announcing the applicant's promotion to specialist four (SP4)/E-4, effective 18 August 1969

7.  There are no Special Orders in the applicant’s record that show he was promoted to sergeant (SGT)/E-5 or specialist five (SP5)/E-5.

8.  Item 33 (Appointments and Reductions) of the applicant's DA Form 20 
(Enlisted Qualification Record) shows he was promoted to PFC/E-3 on
3 February 1969 and to SP4/E-4 (Temporary) on 18 August 1969.  Item 33 does not show an entry for promotion and/or appointment to SGT/E-5 or SP5/E-5.

9.  The applicant’s DA Form 137 (Installation Clearance Record), dated 27 May 1970, shows that the applicant out-processed his unit, the 457th Supply Company, in the grade of “SP5.”

10.  Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington, Special Orders Number 148, dated 28 May 1970, show the applicant was released from active duty, in the rank of “SP4,” and assigned to the USAR Control Group (Annual Training), effective 28 May 1970.


11.  On 30 March 1972, by letter, the Chief, Corrections Branch, Special Actions Division, Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri, notified the applicant that his records did not contain a copy of his promotion orders to “SP5” and that his records would be corrected if he furnished a copy of the promotion orders.  The applicant's records do not indicate if he responded or provided a copy of his promotion orders.

12.  Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis,, St. Louis, Missouri, Letter Orders Number 05-1188770, dated 22 May 1974, relieved the applicant from his obligation in the Standby Reserve of the U.S. Army Reserve Control Group and honorably discharged him effective 1 June 1974.  The standard name line on the Letter Orders listed the applicant’s grade as “SP4.”

13.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 contained Army-wide promotion policy and procedures.  It stated, in pertinent part, that the promotion of enlisted personnel to grade E-3 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders.  Unit orders were issued for promotions to grade E-3 and E-4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his grade should be corrected to show E-5 instead of E-4.

2.  The applicant's record is void of his promotion and/or appointment orders to SGT/E-5 or SP5/E-5.  Furthermore, his release from active duty orders as well as his USAR Control Group discharge orders, reflect the rank of SP4 on his standard name line.  It is not clear why his Installation Clearance Record shows his grade as that of E-5.  Nevertheless, promotions of enlisted personnel were announced in routine orders.  In the absence of such orders and/or the authority for this promotion, there is insufficient evidence to grant the applicant the requested relief.







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)                                         AR20080010132



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ABCMR Record of Proceedings (cont)                                         AR20080010132



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