IN THE CASE OF:
BOARD DATE: 13 NOVEMBER 2008
DOCKET NUMBER: AR20080015116
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the entry "SGT" (sergeant) instead of the entry "SP4" (specialist four) item 5a (Grade, Rate, or Rank) and to show the entry "E-5" instead of "E-4" in item 5b (Pay Grade).
2. The applicant states that he was an E-5 at the time of his discharge.
3. The applicant provides a copy of his DD Form 214, a copy of his promotion orders, and a copy of his military pay voucher with a final pay information sheet attached in support of his request.
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's record shows he was inducted into the Army of the United States on 15 September 1966. He was trained as an Infantry Indirect Fire Crewman, in military occupational specialty (MOS), 11C. He was promoted to SP4/E-4 effective 19 January 1968.
3. The applicant provided a copy of Headquarters, 4th Infantry Division, Special Orders Number 154, dated 2 June 1968, which shows that he was promoted to sergeant (SGT/E-5) effective 2 June 1968.
4. The applicant served until he was honorably released from active duty on 14 June 1968.
5. Item 5a of the applicant's DD Form 214 shows the entry "SP4." Item 5b shows the entry "E-4." Item 6 (Date of Rank) shows the entry "19 Jan 68" (19 January 1968).
6. The applicant provided a copy of his military pay voucher for the pay period 1 through 14 June 1968, the date of his release from active duty, which shows he was paid as an E-5. Attached to his military pay voucher was his final pay information sheet which elaborates on his entitlements.
7. Army Regulation 635-5 provides instructions for the preparation of the DD Form 214. It states, in pertinent part, that items 5a and 5b will be completed to show the active duty grade or rank and pay grade at the time of separation. It also states that item 6 will be completed to show the date of rank of the promotion to the current pay grade from the most recent promotion order or reduction instrument.
DISCUSSION AND CONCLUSIONS:
The evidence shows that the applicant was promoted to SGT/E-5 effective 2 June 1968 prior to his release from active duty. He was paid in the pay grade of E-5 from 1 through 14 June 1968, the date of his release from active duty. It is apparent that a clerical error occurred at the time of preparation of his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show that he was discharged in the rank and pay grade of SGT/E-5. He is entitled to correction of item 5a to show the entry "SGT," item 5b to show the entry "E-5," and item 6 to show the entry "2 Jun 68" on his DD Form 214.
BOARD VOTE:
____X___ ___X____ ___X___ 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:
a. by showing the entry "SGT" in item 5a (Grade/Rate or Rank) of his DD Form 214,
b. by showing the entry "E-5" in item 5b (Pay Grade) of his DD Form 214, and
c. by showing the entry "2 Jun 68" in item 6 (Date of Rank) of his DD Form 214.
___________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) AR20080015116
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ABCMR Record of Proceedings (cont) AR20080015116
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