BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100008705
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 6a (Grade, Rate or Rank), 6b (Pay Grade), and 7 (Date of Rank) on his DD Form 214 (Report of Separation from Active Duty). He also requests an updated Honorable Discharge Certificate be issued.
2. The applicant states:
* he was promoted to E-3/private first class (PFC) on 30 June 1975
* on his final day of active duty and during processing it was discovered his promotion to PFC was not reflected on his DD Form 214
* it was explained to him by the clerk handling his file it would take additional days to correct the discrepancy and would delay his expiration term of service date
* not knowing the full ramifications of his decision at the time and wanting to get on with his civilian life as soon as possible he agreed not to contest the error, he signed his discharge papers, and went on his way
3. The applicant provides:
* Promotion orders
* Enlisted Efficiency Report (EER)
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 13 June 1972 for a period of
3 years. He served as an armor crewman. Orders, dated 31 July 1975, show he was released from active duty on 31 July 1975 in the rank of PV2.
3. Item 6a on the applicant's DD Form 214 shows the entry "PV2" [private two]. Item 6b on his DD Form 214 shows the entry "E-2." Item 7 on his DD Form 214 shows the entry "75 02 05."
4. Promotion orders, dated 30 June 1975, show the applicant was promoted to PFC effective 30 June 1975.
5. The applicant's final EER beginning November 1973 and ending July 1975 shows his pay grade as E-3 and his date of rank as 30 June 1975.
6. Discharge orders, dated 23 May 1978, show the applicant was honorably discharged from the Standby Reserve effective 12 June 1978 in the rank of PV2.
DISCUSSION AND CONCLUSIONS:
1. The promotion orders which show the applicant was promoted to PFC on
30 June 1975 are accepted as sufficient evidence on which to amend items 6a, 6b, and 7 on the applicant's DD Form 214.
2. In addition, it would be appropriate to issue him a DD Form 256A (Honorable Discharge Certificate), dated 12 June 1978, which shows he was discharged from the Ready Reserve in the rank of PFC in lieu of the DD Form 256A which shows his rank as PV2.
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 in items 6a, 6b, and 7 on his DD Form 214;
b. adding the entry "PFC" in item 6a on his DD Form 214;
c. adding the entry "E-3" in item 6b on his DD Form 214;
d. adding the entry "75 06 30" in item 7 on his DD Form 214; and
e. issuing him a DD Form 256A, dated 12 July 1978, which shows his rank as PFC/E-3.
_______ _ _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) AR20100008705
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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