IN THE CASE OF:
BOARD DATE: 02 OCTOBER 2008
DOCKET NUMBER: AR20080011657
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 that Items 5a (Grade, Rate or Rank) and b (Pay Grade) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was a sergeant (SGT)/E-5.
2. The applicant states, in effect, that his rank and grade are wrong on his DD Form 214.
3. The applicant did not provide additional documentary evidence 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 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 served in the Regular Army from 19 August 1968 through
22 March 1970. He was trained in, awarded, and served in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman). He served in the Republic of Vietnam (RVN) from 1 February through 22 March 1970.
3. Special Orders Number 77 "Extract", Department of the Army, Headquarters, Americal Division, dated 17 March 1970, promoted the applicant to the rank and pay grade of SGT/E-5, effective 13 February 1970.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the Regular Army from 19 August 1968 through
22 March 1970.
2. The applicant was promoted to the rank of SGT pay grade E-5 on
13 February 1970.
3. Given the above, the applicant's record should be corrected as shown below.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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. amending Item 5a of the applicant's DD Form 214 to show the rank of "SGT";
b. amending Item 5b of the applicant's DD Form 214 to show the pay grade of "E-5"; and
c. amending Item 6 (Date of Rank) of the applicant's DD Form 214 to show
"13 February 1970."
___ XXX ___
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) AR20080011657
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ABCMR Record of Proceedings (cont) AR20080011657
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