IN THE CASE OF:
BOARD DATE: 23 September 2010
DOCKET NUMBER: AR20100011138
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his pay grade upon separation from the Army was E-5.
2. The applicant states his DD Form 214 shows his last pay grade was E-3; however, his correct grade was E-5.
3. The applicant did not provide any additional documentary evidence in support of his request.
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's records show he was inducted into the Army of the United States on 21 September 1967. He was trained in and awarded military occupational specialty (PMOS) 94B (Cook).
3. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows the following dates of ranks for the pay grades indicated:
* Private (PVT)E-1 (P) [permanent], 21 September 1967
* Private (PVT)/E-2 (P), 30 January 1968
* Private First Class (PFC/E-3 (P), 3 April 1968
* Specialist Four (SP4)/E-4 (T) [temporary], 26 July 1968
* Specialist Five (SP5)/E-5 (T), 6 June 1969
4. Special Orders Number 183, issued by Headquarters, 1st Air Cavalry Division, dated 2 July 1969, show the applicant was appointed to the temporary grade of SP5/E-5, effective 6 June 1969.
5. There are no special orders contained in the available records which show he was permanently appointed beyond the rank/grade of PFC/E-3.
6. On 6 September 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 16 days of total active service with no time lost.
7. Item 5a (Grade, Rate or Rank) and 5b (Pay Grade) of his DD Form 214 show he was released from active duty in the rank of SP5 (T)/E-5. Item 30 (Remarks) shows the entry "PFC E3 (P) APTD [appointed] 3 APR 68."
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established 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 be complete and accurate. The instructions state:
a. Items 5a and 5b show the rank/grade in which a member was serving at the time of separation with an indication if permanent or temporary; for example "MSG (T) (Master Sergeant, Temporary), SP4 (P)"; and
b. If the grade shown in item 5 is not permanent, enter the permanent grade, date of appointment, and date of rank if different from date of appointment in item 30.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show he was a SP5/E-5 upon his release from active duty.
2. The evidence shows he held the temporary rank and pay grade of SP5 (T)/
E-5 and his DD Form 214 correctly show this entry. Evidence shows his last permanent appointment was to PFC/E-3, which is appropriately entered in item 30 of his DD Form 214. Further, there are no orders in the available records and the applicant did not provide any orders or other documents showing he was permanently appointed to any other grade beyond PFC/E-3 prior to his release from active duty.
3. Regulatory guidance states the highest pay grade held whether permanent or temporary will be entered in items 5a and 5b of the DD Form 214. However, the permanent pay grade and date of appointment, if different from items 5a and 5b, will be entered in item 30, as correctly reflected on his DD Form 214.
4. In view of the foregoing, there is no basis for granting his requested relief.
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) AR20100011138
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ABCMR Record of Proceedings (cont) AR20100011138
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