IN THE CASE OF:	  

		BOARD DATE:	16 June 2009  

		DOCKET NUMBER:  AR20090004144 


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 item 5a (Grade, Rate or Rank) and item 5b (Pay Grade) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), from private (PV2)/E-2 to specialist four (SP4)/E-4. 

2.  The applicant states that he was promoted to E-4 on 3 August 1971 and was released from active duty on 4 August 1971.  His DD Form 214 did not reflect the E-4 grade. 

3.  The applicant provides a copy of his DD Form 214, dated 25 February 1971; a copy of Unit Orders Number 63, issued by Company B, Student Enlistment Battalion, School Brigade, U.S. Army Ordnance Center and School, Aberdeen Proving Ground (APG) MD, on 21 July 1971; a copy of Special Orders Number 337, issued by the U.S. Army Ordnance Center and School, APG, MD, on 3 August 1971; and a copy of Special Orders Number 162, issued by the U.S. Army Ordnance Center and School, APG, MD, on 23 July 1971, 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 applicant’s 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 applicant’s 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 records show that he enlisted in the Washington Army National Guard (WAARNG) in the rank/grade of private (PVT)/E-1 on 7 May 1970.  He was assigned to the 2nd Battalion, 161st Infantry, Everett, WA, and was promoted to PV2/E-2 on 7 September 1970.  

3.  On 25 February 1971, the applicant entered active duty for training (ACDUTRA) and subsequently completed basic combat training at Fort Dix, NJ, on 30 April 1971.  He proceeded to APG, MD, where he completed advanced individual training and was awarded military occupational specialty (MOS) 44C (Welder).

4.  On 21 July 1971, Company B, Student Enlistment Battalion, School Brigade, U.S. Army Ordnance Center and School, APG, published Unit Orders Number 63, announcing the applicant’s promotion to private first class (PFC)/E-3, with an effective date and a date of rank of 21 July 1971.

5.  On 3 August 1971, the U.S. Army Ordnance Center and School, APG, MD, published Special Orders Number 171, announcing the applicant’s appointment to SP4/E-4 with an effective date of 3 August 1971 and a date of rank as “Not Applicable.”

6.  The applicant’s records show he was honorably released from ACTDUTRA and transferred back to his ARNG unit on 4 August 1971.  The DD Form 214 he was issued shows he completed 5 months and 9 days of creditable active service during this period.  Items 5a and 5b of this DD Form 214 show the entries PV2 and E-2 respectively and item 6 (Date of Rank) shows the entry "7 September 1970." 

7.  On 7 September 1971, the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, issued a DD Form 215 (Correction to DD Form 214) adjusting the applicant’s rank/grade to PFC/E-3 with and effective date and date of rank of 21 July 1971.


8.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 contained Army-wide promotion policy and procedures.  It states, in pertinent part, that Unit Orders, usually published in advance of the date the Soldier actually achieved promotion eligibility, were issued for promotions to grade E-3 and E-4.  

9.  Paragraph 7-9 governs students, officer candidates, and trainees promotions. It states, in pertinent part, that no promotion above pay grade E-5 may be made under the provisions of this paragraph.  Promotion to noncommissioned officer grades may be made under this paragraph only when training is administered in an MOS for which a specialist grade is not authorized.  Enlisted personnel undergoing special training may receive temporary promotion as follows:  A School commandants and commanders of training installations are authorized to promote enlisted students who are undergoing school or specialist training of 36 weeks or longer in a specific MOS and who are considered individually qualified, to grades as follows:  (1) Personnel who enter the course as privates, E-2, may be promoted to private first class, E-3, in accordance with paragraph 7-20 and may be further promoted upon successful completion of the course.  (2) Personnel who enter the course as privates first class, E-3, may be promoted to pay grade E-4 upon successful completion of the course.  (3) Personnel who enter the course in pay grade E-4 may be promoted to pay grade E-5 upon successful completion of the course.  (4) Privates first class who enter schools or courses of specialized training in excess of 36 weeks and are considered to be outstanding students, may be promoted to pay grade E-4 following completion of 36 weeks training.  Personnel so promoted are not entitled to a second promotion by reason of completion of the course

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his rank and grade should be corrected to show SP4/E-4 instead of PV2/E-2.

2.  The evidence of record shows that the applicant entered ACDUTRA on 8 February 1971 in the rank/grade of PV2/E-2.  He was promoted to PFC/E-3 on 21 July 1971 in accordance with paragraph 7-20 of Army Regulation 600-200 and was further promoted to SP4/E-4 upon successful completion of his MOS course, on 3 August 1971.  His DD Form 214 was corrected to show his promotion to PFC/E-3 but not his appointment as a SP4/E-4.  Therefore, he is entitled to correction of his DD Form 214 to show his SP4/E-4 rank and grade.


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:

	a.  deleting the entries PFC and E-3 from items 5a and 5b of his DD Form 214 and adding the entries SP4 and E-4; and

	b.  deleting the entry 21 July 1971 from item 6 of his DD Form 214 and adding the entry 3 August 1971.




      _______ _  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)                                         AR20090004144





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ABCMR Record of Proceedings (cont)                                         AR20090004144



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