IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080014249
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 his records be corrected to show he was placed on the Retired List in pay grade E-6.
2. The applicant states that even though he has orders placing him on the Retired List in pay grade E-6, he has been paid in pay grade E-5 since his injury in 1967.
3. The applicant provides a copy of Special Orders Number 135, dated 11 July 1968 which shows that the applicant was placed on the Temporary Disability Retired List (TDRL) on 19 July 1968. Those orders reflect his rank and pay grade as SGT E-6.
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 applicants military records show that he enlisted in the Regular Army on 12 November 1965, was awarded the military occupational specialty of light weapons infantryman, and arrived in Vietnam on 16 May 1966.
3. On 9 March 1967, the applicant was promoted to the rank of sergeant, pay grade E-5.
4. While in Vietnam, the applicant was hit by enemy small arms fire on 16 May 1967 while being picked up from a landing zone.
5. All of the medical records show him as a sergeant.
6. On 11 July 1968, an AGPZ Form 977, Data for Retired Pay, was prepared on the applicant. In that form it shows the highest grade the applicant attained as sergeant, pay grade E-5, and shows his retired grade as sergeant, pay grade
E-5.
7. The applicant was honorably released from active duty on 18 July 1968 and placed on the TDRL the following day. The DD Form 214 he was issued shows his rank as sergeant, pay grade E-5.
DISCUSSION AND CONCLUSIONS:
1. The applicants records show that he was promoted to the rank of sergeant, pay grade E-5, on 9 March 1967, and was wounded on 16 May 1967.
2. All of the applicants military records after being wounded show that he was a sergeant, pay grade E-5.
3. The orders submitted by the applicant show him in the rank of SGT, pay grade E-6. This would appear to be a typographical error. If the applicant had been promoted to pay grade E-6, the proper entry would have been SSG (staff sergeant), pay grade E-6.
4. In view of the forgoing, there is no basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that 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.
_________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) AR20080014249
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080014249
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060015522
Therefore, he is entitled to correction of his records to show this award. The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show that he was awarded the Purple Heart; the Combat Infantryman Badge; the Good Conduct Medal for the period 6 February 1967 to 1 July 1969; the Vietnam Service Medal, with two bronze service stars; the Republic of...
ARMY | BCMR | CY2015 | 20150002076
A doctor at Walter Reed Army Medical Center told him he was going to recommend a disability rating of 100 percent to the MEB because of his heart condition, reappearance of jaundice, and other changes taking place in his body from the reaction to anti-malaria pill. The applicant provides: * DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 27 May 1965, 18 May 1968, 12 August 1971, and 28 July 1972 * service personnel records * two DA...
ARMY | BCMR | CY2013 | 20130017141
BOARD DATE: 3 June 2014 DOCKET NUMBER: AR20130017141 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 December 1969 to show his rank and pay grade as sergeant (SGT)/E-5 and his awards of the Meritorious Service Medal (MSM) and Army Commendation Medal (ARCOM). The applicant's contentions that his DD Form 214 for the period ending 24 December 1969...
ARMY | BCMR | CY2004 | 2004100832C070208
Linda D. Simmons | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states, in effect, that he satisfactorily served as a SFC/E-7 on active duty and he requests that his rank and pay grade on the Retired List be corrected to reflect the highest grade he held and in which he served on active duty, which was SFC/E-7. In view of the facts of this case, it would be appropriate to correct the applicant’s record to...
ARMY | BCMR | CY2004 | 2004105998C070208
Delia R. Trimble | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Title 10 of the United States Code, section 1372 (10 USC 1372), as amended in 1996, provides the legal authority for the grade to be awarded to members retiring for physical disability. The evidence of record further confirms the applicant had been selected for promotion to SGT/E-5 prior to being processed for retirement by reason of physical disability.
ARMY | BCMR | CY2014 | 20140014223
Application for correction of military records (with supporting documents provided, if any). Title 10, U.S. Code, section 1372, specifies any member of the Armed Forces who is retired for physical disability or whose name is placed on the TDRL is entitled to the grade equivalent to the highest of the following: (1) the grade in which he is serving on the date when his or her name was placed on the TDRL or on the date when retired, or (2) the highest temporary grade in which he or she served...
ARMY | BCMR | CY2010 | 20100016248
IN THE CASE OF: BOARD DATE: 6 January 2011 DOCKET NUMBER: AR20100016248 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record shows the applicant was promoted to SGT/E-5 by official orders on 1 February 2008. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Orders 040-0043, issued by Headquarters, Fort Stewart, GA, on 9 February 2010, to show his current and retired rank as SGT, pay grade...
ARMY | BCMR | CY2011 | 20110023060
The applicant provides: * Enlisted Record Brief (ERB), dated 7 June 2009 * DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 27 August 2009 * Orders 261-1314, dated 18 September 2009 * DA Form 199, dated 29 April 2011 * Orders D126-06, dated 6 May 2011 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 2166-8 (Noncommissioned Officer Evaluation Report) CONSIDERATION OF EVIDENCE: 1. His DD Form 214 currently shows he was retired due to temporary...
ARMY | BCMR | CY2014 | 20140010603
Orders D063-37, issued by the U.S. Army Physical Disability Agency, dated 4 March 2010, removed the applicant from the TDRL and permanently retired her in the rank/grade of SGT/E-5 effective 4 March 2010 with a 60 percent combined disability rating. The NGB Retirements Branch concurs with this recommendation to correct her retirement rank/grade from SGT/E-5 to SSG/E-6 and authorize all back pay and allowances based on the correct effective date of rank. As a result, the Board recommends...
ARMY | BCMR | CY2013 | 20130003316
Military Personnel Message Number 05-084, dated 4 April 2005, subject: Enlisted Eligibility Regarding Enlisted Soldiers Undergoing Evaluation by the MOS/Medical Retention Board (MMRB), Medical Evaluation Board (MEB) or PEB, references Army Regulation 600-8-19 and Headquarters, Department of the Army, memorandum, dated 28 March 2005, and states Soldiers who are on a promotion list at the time of retirement for disability will be retired for disability at the promotion list grade. He was a...