IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080016458
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 the rank on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 22 June 1971 be changed from specialist four (SP4)/E-4 to sergeant (SGT)/E-5.
2. The applicant states that a mistake was made on his DD Form 214 and that his rank should be SGT instead of SP4. He further states that would like the correction made in case he ever has to go to the Department of Veterans Affairs for benefits.
3. The applicant provides a Certificate of Appreciation for the period from 18 November 1969 through 22 June 1971; an Honorable Discharge Certificate, dated 1 November 1975; and Office of the Adjutant General Reserve Components Personnel Administration Center Letter Orders Number
10-1311834, dated 28 October 1975.
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 into the Army of the United States on 19 November 1969 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).
3. On 16 September 1970, the applicant was promoted to SP4.
4. The applicant was honorably released from active duty on 22 June 1971 after completing 1 year, 7 months, and 4 days of creditable active service. His DD Form 214 for the period ending on 22 June 1971 shows the entry of "SP4" in item 5a (Grade, Rate, or Rank) and the entry of "E-4" in item 5b (Pay Grade).
5. Item 33 (Appointments and Reductions) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry (Grade) "SP4 E-4" (Date of Rank) "16 Sep 70."
6. There are no special orders in the applicant's service personnel records promoting him to SGT/E-5 while he was on active duty.
7. The applicant provided a Certificate of Appreciation for service in the Armed Forces of the United States during the period 18 November 1969 through 22 June 1971 that shows his rank as SGT.
8. The applicant provided Office of the Adjutant General Reserve Components Personnel Administration Center Letter Orders Number 10-1311834, dated 28 October 1975, that shows his rank as SP4.
9. The applicant provided an Honorable Discharge Certificate, dated 1 November 1975, that shows his rank as SP4.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that a mistake was made on his DD Form 214 and his rank should be changed from SP4 to SGT. His DD Form 214 shows that he was promoted on 16 September 1970 to the rank and pay grade of SP4/E-4. He provided a Certificate of Appreciation that shows his rank as SGT. However, the Certificate of Appreciation alone is not enough to verify that the applicant was promoted to the rank of SGT prior to his separation.
2. There is no evidence in his records and the applicant has not provided evidence (i.e., leave and earnings statement, promotion orders, Noncommissioned Officer Evaluation Report, etc.) to substantiate his contention. Therefore, his DD Form 214 for the ending period of 22 June 1971, which shows he was promoted on 16 September 1970 to the rank of SP4/E-4, is correct.
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.
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) AR20080016458
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ABCMR Record of Proceedings (cont) AR20080016458
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