IN THE CASE OF:
BOARD DATE: 26 August 2010
DOCKET NUMBER: AR20100008374
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 items 5a (Grade, Rate or Rank) and 5b (Pay Grade) on his DD Form 214 (Report of Transfer or Discharge) for the period ending 23 April 1971.
2. The applicant states, in effect, this DD Form 214 shows an incorrect pay status and his rank was sergeant.
3. The applicant provides:
* Reassignment orders, dated 3 May 1993
* DA Form 2166-6 (Enlisted Evaluation Report) covering the period September 1986 through August 1987
* U.S. Army Reserve (USAR) Chronological Statement of Retirement Points
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. The applicant enlisted in the Regular Army on 10 May 1968 for a period of
3 years. He served as a mechanic in Vietnam from 6 September 1970 to 22 April 1971. On 23 April 1971, he was released from active duty in the rank of specialist four and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 5a on the applicant's DD Form 214 shows the entry "SP4" [specialist four]. Item 5b on this DD Form 214 shows the entry "E4." Item 6 (Date of Rank) on this DD Form 214 shows the entry "26 JUL 69" [26 July 1969].
4. Item 33 (Appointments and Reductions) on the applicant's DA Form
20 (Enlisted Qualification Record) shows he was appointed to specialist four effective 26 July 1969.
5. There is no evidence of record which shows the applicant was promoted to sergeant prior to his release from active duty on 23 April 1971.
6. The applicant was honorably discharged from the USAR on 16 January 1996 in the rank of sergeant.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Evidence of record shows the applicant was a specialist four at the time of his release from active duty on 23 April 1971, which is properly reflected in items 5a and 5b of his DD Form 214 for the period ending 23 April 1971. Since the applicant was promoted to sergeant after his release from active duty on
23 April 1971, there is no basis for amending items 5a or 5b on his DD Form 214 for the period ending 23 April 1971.
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) AR20100008374
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ABCMR Record of Proceedings (cont) AR20100008374
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