IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20080016928
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank of Specialist Five (SP5) as permanent (P) instead of as temporary (T), and his date of return from United States Army Europe (USAREUR) as 2 May 1969 instead of 1968.
2. The applicant states, in effect, that Item 5a (Grade, Rate or Rank) of his
DD Form 214 should read SP5 (P) and the entry in Item 30 (Remarks) concerning his dates of service in USAREUR should read "USAREUR 16 April 1968 - 2 May 1969."
3. The applicant provides no documentation 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. On 24 May 1966, the applicant enlisted in the Regular Army (RA) for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 61C (Marine Engineer).
3. The applicant served a tour of duty in the Republic of Vietnam from 12 March 1967 to 4 March 1968 and a tour of duty in USAREUR from 16 April 1968 to
2 May 1969.
4. The applicant was promoted to the rank of SP5/pay grade E-5, effective
13 January 1968. This appointment was temporary.
5. On 3 May 1969, the applicant was released from active duty by reason of early separation from overseas and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) as a SP5/E-5.
6. Item 5a of the applicant's DD Form 214 shows that his rank as SP5 (T). Item 30 shows his service in USAREUR as from 16 April 1968 to 2 May 1968.
7. Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, provided that temporary appointment of Regular Army enlisted personnel in grade serving would automatically become permanent on the date of completion of the required time in grade and time in service. For grade E-5 during the period from December 1968 to March 1969, the time in grade requirement was 12 months, and the time in service requirement was 5 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his rank as shown on his DD Form 214 should be permanent and that his date of service in USAREUR should end in 1969.
2. The governing regulation at the time of the applicant's active duty service required a year in grade and 5 years in service to qualify for permanent appointment to grade E-5. While the applicant met the time in grade requirement, he did not meet the time in service requirement; he only had
2 years, 11 months, and 10 days of active duty service. Therefore, his request to correct the status of his rank on his DD Form 214 should be denied.
3. Records clearly show that the applicant served in USAREUR from 16 April 1968 to 2 May 1969. Therefore, Item 30 of his DD Form 214 should be corrected to show the correct ending year of his overseas service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X__ ___X__ _ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from Item 30 of his DD Form 214 the entry "USAREUR 16 APR 68 - 2 MAY 1968"; and
b. adding in Item 30 of his DD Form 214 the entry "USAREUR 16 APR 1968 - 2 MAY 1969."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing that he was permanently appointed to the grade of E-5.
________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) AR20080016928
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ABCMR Record of Proceedings (cont) AR20080016928
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