BOARD DATE: 10 June 2010
DOCKET NUMBER: AR20090021487
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 to have his rank corrected on his DD Form 214 (Report of Separation from Active Duty) to show he was a specialist four/E-4.
2. The applicant states his effective date of rank to specialist four was 20 March 1974 and he was separated on 19 June 1974.
3. The applicant provides a copy of his DD Form 214 and Special Orders Number 44, Headquarters, XVIII Airborne Corps and Fort Bragg, dated 5 March 1974 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 20 June 1972 the applicant was inducted in the Army of the United States. He completed his initial training and was awarded military occupational specialty (MOS) 13A (Field Artillery Crewman).
3. The applicant's DA Form 20 (Enlisted Qualification Record), Item 33 (Appointments and Reductions), show the highest rank held was private first class/E3.
4. Special Orders 44, Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, dated 5 March 1974, show he was promoted to specialist four on 20 March 1974.
5. There is no evidence that indicates the applicant was reduced during his term of service or any record of disciplinary action after the effective date of promotion.
6. The applicant's DD Form 214 shows that he was honorably released from active duty on 19 June 1974. His rank is shown as private first class, pay grade E-3 with a date of rank of 18 October 1972.
7. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 7, contains Army-wide promotion policy and procedures. It states that the promotion of enlisted personnel to grades E-3 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed that separation documents were to be prepared for Soldiers at retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Section 2-7 specifically stated to enter the grade and pay grade at time of separation. Further, enter the date of rank for the grade shown.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to have his DD Form 214 corrected to show he was a specialist/E-4 at the time of his separation was carefully considered and there is sufficient evidence to grant relief.
2. The applicant's record contains official orders that show he was promoted to specialist four prior to his release from active duty and therefore it would be appropriate to correct his record.
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 deleting the entries in Items 6a, 6b and 7 of the DD Form 214, effective 19 June 1974, and showing the following:
* Item 6a: SP4
* Item 6b: E-4
* Item 7: "74 03 20"
_______ _ 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) AR20090021487
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090021487
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120020819
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show the following: * award of the * Army Good Conduct Medal (1st Award) * National Defense Service Medal * dates of his promotions to the grades of E-2 through E-5 * training completion of the * Basic Leadership Course * Primary Leadership Course * Aircraft Armament Mechanic Course * Aircraft Armament Mechanic Course (45M2O) * two correspondence courses 2. With respect to listing...
ARMY | BCMR | CY2013 | 20130014149
The applicant states he was promoted to SP4 on the date of discharge. The available evidence shows the applicant was advanced to PFC/E-3 on 19 September 1974. In the absence of documentary evidence, such as promotion orders, memorandum/endorsement, leave and earnings statement showing receipt of E-4 pay, or any other documentary evidence confirming he was promoted or advanced to the rank of SP4/E-4, there is insufficient evidence to grant him the requested relief.
ARMY | BCMR | CY2014 | 20140014838
The applicant provides copies of the following: * DA Form 2139 (Military Pay Voucher) * DD Form 214 * Orders Number D-07-908632 CONSIDERATION OF EVIDENCE: 1. d. A Recommended List for Promotion of Enlisted Personnel to Grade E-5 memorandum, dated 30 January 1975, wherein his name is listed as being recommended for promotion to pay grade E-5. The regulation states items 6a and 6b would list the active duty grade or rank and pay grade at time of separation and item 7 would list the effective...
ARMY | BCMR | CY2013 | 20130021349
The applicant states: * he was promoted in 1975 or 1976 as an acting noncommissioned officer (NCO) in the rank of SGT * his promotion was omitted from his DD Form 214 and kept out of his personnel records * he is eligible for the KDSM for his service in Korea during the period 1974-1975 3. The DD Form 214 he was issued does not show the KDSM as an authorized award. Since there is no evidence of record showing he was recommended for promotion to SGT by a promotion selection board and placed...
ARMY | BCMR | CY2006 | 20060014488C071029
The DD Form 214 he was issued at the time shows he completed 5 months and 6 days of active duty service during the period covered by the DD Form 214. The applicant's record does show he completed two food service courses in 1972 and 1976; however, it also shows that he was awarded MOS 11B in 1976, and that he was ordered to active duty in that MOS. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2010 | 20100028667
Application for correction of military records (with supporting documents provided, if any). * Item 6a shows "SP4" * Item 6b shows "E4" * Item 7 shows "76-03-05" * Item 17a shows "NA" * Item 17b shows "NA" * Item 26 shows "National Defense Service Medal" 6. The applicant contends his DD Form 214 should be corrected to show he was awarded the Republic of Vietnam Campaign Medal with Device (1960).
ARMY | BCMR | CY2010 | 20100018200
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 4 (Date of Birth), items 6a (Grade, Rate, or Rank) and 6b (Pay Grade), and item 9d (Effective Date) of his DD Form 214 (Report of Separation from Active Duty). There is no evidence indicating the applicant petitioned the Army Discharge Review Board for a change to the reason for his separation within that board's 15-year statute of limitations.
ARMY | BCMR | CY2008 | 20080015624
Item 18 (Appointments and Reductions) of the applicants DA Form 2-1 (Personnel Qualification Record), dated 18 October 1974 (prepared), shows the applicants promotions and reductions. The active duty grade or rank and pay grade at the time of separation is entered in Item 6a and the effective date of promotion to the current pay grade (from the most recent promotion or reduction order) is entered in Item 6b. There is no evidence in the available records and the applicant did not provide...
ARMY | BCMR | CY2011 | 20110008413
Application for correction of military records (with supporting documents provided, if any). Item 49 (Prior Service) of his DD Form 4 (Enlistment Contract Armed Forces of the United States) shows he was discharged from the Regular Army on 18 February 1977, in the rank/grade of SP4/E-4. _______ _ 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.
ARMY | BCMR | CY2009 | 20090021202
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he held the rank/grade of staff sergeant (SSG)/pay grade E-6 instead of specialist four (SP4)/pay grade E-4 at the time of release from active duty. His record contains no evidence and he has failed to provide evidence showing he was promoted to the rank of SSG/E-6 during the period of active duty service covered by his DD Form 214. Evidence shows the applicant was promoted to SSG/E-6 in...