IN THE CASE OF:	  

		BOARD DATE: 	       5 November 2009

		DOCKET NUMBER:  AR20090010650 


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 items 5a (Grade, Rate, or Rank) and 5b (Pay Grade) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the rank of sergeant (SGT)/pay grade E-5.

2.  The applicant states that he was promoted to SGT/E-5.

3.  The applicant did not provide any additional documentary evidence 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 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 he enlisted in the Regular Army for a period of 3 years on 18 February 1971 in the rank/grade of private (PV1)/E-1.  He completed basic combat and advanced individual training and was awarded military occupational specialty 76Y (Supply Specialist).

3.  The applicant’s records further show that upon successful completion of basic combat training, he earned an accelerated promotion to the rank of private/E-2 effective 23 April 1971.  

4.  On 23 June 1971, Headquarters, U.S. Army Garrison, Fort Carson, CO, published Unit Orders Number 68 announcing the applicant's promotion to private first class (PFC)/E-3 effective 23 June 1971.  

5.  The applicant's records further show he was subsequently reassigned to Fort Hood, TX, on 8 September 1971.  He was assigned to Company B, 2nd Battalion 12th Cavalry, 1st Cavalry Division. 

6.  On 17 December 1971, Headquarters, 1st Cavalry Division, Fort Hood, TX, published Special Orders Number 4, announcing the applicant's promotion to SP4/E-4, effective 17 December 1971.

7.  Item 33 (Appointments and Reductions) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the highest rank/grade he held was that of SP4/E-4.

8.  The applicant’s records show he was honorably released from active duty on 16 February 1973 and transferred to the U.S. Army Reserve Control Group (Annual Training).  Items 5a and 5b of the DD Form 214 he was issued show the entries "SP4" and "E-4" respectively.  Additionally, item 6 (Date of Rank) shows the entry "17 Dec 71."

9.  There are no special orders in the applicant’s record that show he was promoted to SGT/E-5.

10.  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 stated, in pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.  


11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders; and item 6 shows the date of rank.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his rank and grade should be corrected to show SGT/E-5 instead of SP4/E-4.

2.  The evidence of record shows that at the time of separation, 16 February 1973, the applicant held the rank/grade of SP4/E-4.  His record is void of any orders promoting him to the rank of SGT/E-5; and item 33 of his DA Form 20 does not show an entry for a promotion and/or appointment to SGT/E-5.

3.  Promotions of enlisted personnel to grades E-5 through E-9 were announced in orders.  In the absence of such orders and/or the authority for this promotion, there is insufficient evidence to grant the applicant the requested relief.

4.  If the applicant can provide the promotion orders or evidence that his last month of pay was corrected due to a promotion to pay grade E-5, he may request reconsideration of his request.

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.



      _______ _   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)                                         AR20090010650



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ABCMR Record of Proceedings (cont)                                         AR20090010650



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