IN THE CASE OF:
BOARD DATE: 29 January 2009
DOCKET NUMBER: AR20080016613
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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his rank as specialist five, pay grade E-5.
2. The applicant states, in effect, that his records are probably wrong due to a clerical error.
3. The applicant provides a copy of his Honorable Discharge Certificate.
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. On 1 June 1967, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 76A (Supply Clerk).
3. On or about 14 October 1967, the applicant was assigned for duty in the Republic of Vietnam as a supply clerk. He was subsequently reassigned for duty as a repair parts clerk and awarded secondary MOS 76P (Repair Parts Clerk).
4. The applicant twice extended his service in the Republic of Vietnam.
5. Special Orders Number 139, Headquarters, I Field Force Vietnam Artillery, dated 29 July 1969, promoted the applicant to the temporary rank of specialist five, pay grade E-5, effective that date.
6. On 8 January 1970, the applicant returned to the United States.
7. On 10 January 1970, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of specialist five, pay grade E-5 and had completed
2 years, 7 months, and 10 days of creditable active duty service.
8. Item 5a (Grade, Rate or Rank) of the applicants DD Form 214 shows SP4 [specialist four]. Item 5b (Pay Grade) of this same form shows E-4. Item 6 (Date of Rank) shows a date of rank of 28 September 1968.
9. Item 38 (Record of Assignments) of the applicants Enlisted Qualification Record (DA Form 20) shows that all of his conduct and efficiency ratings were excellent.
10. Item 33 (Appointments and Reductions) of the applicants DA Form 20 shows that he was promoted through the ranks from private, pay grade E-1 to specialist five, pay grade E-5. It does not indicate that he was ever reduced in rank or pay grade.
11. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for the entry of the members rank and pay grade at the time of release or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his rank and pay grade were incorrectly entered on his DD Form 214.
2. The evidence clearly shows that the applicant was serving in the rank of specialist five, pay grade E-5 at the time of his release from active duty and transfer to the United States Army Reserve.
3. There is no evidence showing that the applicant was ever reduced from the rank of specialist five, pay grade E-5.
4. In view of the above, the applicants records should be corrected to show that his rank at the time of his release from active duty was specialist five, pay grade E-5 with a date of rank of 29 July 1969.
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 by amending Item 5a and 5b of his DD Form 214 to show his rank as SP5 and his pay grade as E-5 and item 6 to show his date of rank as 29 July 1969.
___________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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080016613
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