IN THE CASE OF:
BOARD DATE: 23 October 2008
DOCKET NUMBER: AR20080013222
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 items 3a (Grade, Rate or Rank) and 3b (Date of Rank) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show he was promoted to the temporary grade of sergeant (SGT)/
E-5 effective 26 October 1966.
2. The applicant states that his DD Form 214 does not indicate that he was promoted to sergeant/E-5. He also contends that his lump sum payment for nine days of accrued leave was not based on his promotion.
3. The applicant provides a copy of his DD Form 214; a letter, dated 26 October 1966; and promotion orders, 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 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 was inducted on 26 January 1965. He served as a general supply specialist and was released from active duty on 28 October 1966.
3. Item 3a on the applicants DD Form 214 shows the entry, SP4 (T) [temporary] E-4. Item 3b on his DD Form 214 shows the entry, 16 May 66. Item 32 (Remarks) on his DD Form 214 shows, in pertinent part, the entry, Lump sum payment made for 9 days accrued leave.
4. Headquarters, Eighth United States Army Depot Command Special Orders Number 247, dated 26 October 1966, show the applicant was promoted to the temporary grade of SGT/E-5.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was promoted to the temporary grade of SGT/E-5 effective 26 October 1966. Therefore, items 3a and 3b on his DD Form 214 should be corrected accordingly.
2. It is noted that it has been 42 years since the applicants separation. However, the Defense Finance and Accounting Service (DFAS) should audit the applicants pay records, if available. If the audit confirms that he was not paid as an E-5 for the nine days of accrued leave, he should be paid for this leave at the E-5 pay rate. If his pay records are no longer available, DFAS should so inform him.
BOARD VOTE:
___XX_____ ____XX____ ___XX_____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entries in items 3a and 3b on his DD Form 214;
b. adding the entry, SGT (T) E-5 in item 3a on his DD Form 214;
c. adding the entry, 26 Oct 66 in item 3b on his DD Form 214; and
d. if the appropriate finance records are available and if the audit confirms he was not paid as an E-5 for the nine days of accrued leave, pay him for this leave at the E-5 pay rate.
_____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) AR20080013222
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ABCMR Record of Proceedings (cont) AR20080013222
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