IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100009937
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 the rank and pay grade listed in 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 specialist five/E-5 (SP5/E-5).
2. The applicant states he was receiving E-5 pay at the time of his separation.
3. The applicant provides SP5/E-5 promotion orders and his DD Form 214 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. The applicants record shows he was inducted into the Army and entered active duty on 23 October 1968. It also shows he was trained in and awarded military occupational specialty (MOS) 67C (Helicopter Repairman).
3. The applicants DA Form 20 (Enlisted Qualification Record) contains an entry in item 33 (Appointments and Reductions) that shows he was promoted to the rank and pay grade of specialist four/E-4 (SP4/E-4) on 3 April 1969; and to SP5/E-5 on 17 March 1970. The SP5/E-5 entry is the last recorded in item 33 and there is no indication that he was reduced in rank after that date.
4. The applicants record also contains Headquarters, 223rd Aviation Battalion (Combat), APO San Francisco 96238 Special Orders Number 76, dated
27 March 1970. These orders promoted him to SP5/E-5, effective 17 March 1970.
5. The record also contains Headquarters, United States Army Personnel Center, Fort Lewis, Washington Special Orders Number 149, dated 29 May 1970. These orders directed the applicants release from active duty (REFRAD) on 29 May 1970. They list the applicants rank and pay grade as SP5/E-5 in the standard name line.
6. The applicants record also contains the following documents prepared during his separation processing, all dated 29 May 1970, that list his rank and pay grade as SP5/E-5:
* DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement)
* DA Form 1811 (Physical and Mental Status On REFRAD)
* DA Form 2376 (Notification to State Adjutants General REFRAD of Obligated Reservist).
7. On 29 May 1970, the applicant was honorably released from active duty after completing 1 year, 7 months, and 7 days of active military service. Items 5a and 5b of the DD Form 214 he was issued at the time lists his rank and pay grade as specialist four/E-4 (SP4/E-4). His date of rank is listed as 17 March 1970.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time stated to list the rank and pay grade held upon separation in items 5a and 5b. It also identified the DA Form 20 and orders and documents in the record as the source records for these entries.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the rank and pay grade listed in items 5a and 5b of his DD Form 214 should read SP5/E-5 has been carefully considered and found to have merit.
2. The applicants DA Form 20, orders and documents in his record confirm he was promoted to the rank and pay grade of SP5/E-5 on 17 March 1970, and that this is the rank he held on the date of his REFRAD. Therefore, it would be appropriate to correct items 5a and 5b of his DD Form 214 accordingly.
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 amending his DD Form 214 by deleting the current entries in items 5a and 5b and replacing them with the entries Specialist Five and E-5.
_______ _ _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) AR20100009937
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100009937
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100011420
Application for correction of military records (with supporting documents provided, if any). The applicant contends his rank and grade should be corrected to show SP5/E-5 on his DD Form 214. The available evidence confirms the applicant was promoted to the rank and grade of SP5/E-5 effective 17 October 1969 in official orders that were published subsequent to his 26 October 1969 REFRAD.
ARMY | BCMR | CY2011 | 20110023091
The applicant provides: * DD Form 214 * DA Form 2495 (Disposition Form), dated 10 August 1971, subject: 1st Aircraft Maintenance Battalion Promotion Standing List, with Recommended List for Promotion of Enlisted Personnel to Pay Grade E-5 * Special Orders Number 277, U.S. Army Flight Training Center and Fort Stewart, Fort Stewart, GA, dated 13 October 1971 CONSIDERATION OF EVIDENCE: 1. He appeared before the 1st Aircraft Maintenance Battalion Promotion Board on 5 August 1971 and was...
ARMY | BCMR | CY2008 | 20080000636
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2008 DOCKET NUMBER: AR20080000636 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. His service personnel records contain a DA Form 137 (Installation Clearance Record), dated 20 October 1970, which shows his rank and pay grade as SP5, E-5. Although there are no orders in the available records which...
ARMY | BCMR | CY2009 | 20090001810
The applicant states, in effect, his DD Form 214 does not show his correct rank and pay grade and he wants it corrected for his permanent records. The applicant's military record shows he was inducted into the Army of the United States, in pay grade E-1, on 4 March 1969, for 2 years. Based on the evidence, the applicant is entitled to a correction of his DD Form 214, in accordance with the provisions of Army Regulation 635-5, currently in effect, to show he was released from active duty in...
ARMY | BCMR | CY2010 | 20100022867
IN THE CASE OF: BOARD DATE: 19 April 2011 DOCKET NUMBER: AR20100022867 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record shows the applicant was promoted to the temporary rank/pay grade of SP5/E-5 under the authority of SO Number 234, Headquarters, 4th Infantry Division. His record shows he was permanently appointed in rank/pay grade SP5/E-5 on 22 October 1969, which is the day after he was released from active duty.
ARMY | BCMR | CY2009 | 20090011880
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 specialist five (SP5)/E-5 instead of specialist four (SP4)/E-4. In the absence of promotion orders to SP5, there is insufficient evidence on which to amend items 5a and 5b on his DD Form 214. ___________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2007 | 20070016748
The applicant states, in effect, that he was promoted to SP5 before he was separated from the Army and requests that his DD Form 214 be corrected to reflect his rank and pay grade as SP5/E-5. Therefore it would be appropriate, to correct his DD Form 214 to show that he was discharged in the rank and pay grade of SP5/E-5. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by showing the entry "SP5" in item 5a (Grade/Rate or...
ARMY | BCMR | CY2011 | 20110001834
Application for correction of military records (with supporting documents provided, if any). The temporary appointment of a Regular Army enlisted Soldier automatically becomes permanent on the date of completion of the specific time in grade (TIG) and time in service (TIS) requirements, and are reflected as: a. (2) If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment will be entered in...
ARMY | BCMR | CY2013 | 20130007610
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was promoted to the rank and pay grade of specialist five (SP5)/E-5 and that he be paid back pay and allowances due him. The applicant has provided duly authenticated orders issued on the day he departed for assignment to Vietnam showing he was promoted to the rank and pay grade of SP5 E-5 on 10 January 1970. _____________X____________ CHAIRPERSON I...
ARMY | BCMR | CY2013 | 20130009240
Application for correction of military records (with supporting documents provided, if any). His record contains the following documents, dated 4 November 1971, which show his rank as SP5: * DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration) * DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement) * DA Form 3032-R (Statement of Medical Condition) 8. _______ _ X ______ ___ CHAIRPERSON I certify that herein is recorded the...