IN THE CASE OF:
BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100014335
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 item 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending
11 June 1985 to show E-7 instead of E-6.
2. The applicant states his pay grade is incorrectly shown on his DD Form 214.
3. The applicant provides:
* his DD Form 214
* his DA Form 2-1 (Personnel Qualification Record)
* a State of Montana, Veterans Affairs Division Transmittal Sheet
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 enlisted in the Regular Army on 17 May 1967 and he held military occupational specialty (MOS) 31G (Tactical Communications Chief). He served through multiple extensions or reenlistments, within and outside the continental United States, and attained the rank/grade of staff sergeant (SSG)/E-6 on 10 July 1974.
3. On 1 June 1981, the U.S. Army Military Personnel Center, Alexandria, VA, published Orders 82-1 announcing the applicant's promotion from SSG/E-6 to sergeant first class (SFC)/E-7, effective 1 July 1981 and with a date of rank (DOR) as 5 June 1981.
4. Item 18 (Appointments and Reductions) of his DA Form 2-1 shows the highest grade he attained was that of a SFC with a DOR of 5 June 1981.
5. On 14 May 1985, subsequent to a physical evaluation board, Headquarters, Department of the Army, ordered the applicant discharged in the rank of SFC by reason of physical disability with entitlement to severance pay.
6. On 6 June 1985, Headquarters, I Corps, Fort Lewis, WA, reassigned him to the Army Separation Center for outprocessing with an effective date of discharge of 11 June 1985. The orders listed his grade as a SFC and stated he was authorized disability severance pay in pay grade E-7 based on his years of service as computed under the law.
7. He was honorably discharged on 11 June 1985. The DD Form 214 he was issued shows the following entries:
* Item 4a (Grade, Rate or Rank) shows "SFC"
* Item 4b shows "E-6"
* Item 12h (Effective Date of Pay Grade) shows "81 07 01"
8. Army Regulation 635-5 (Separation Documents) establishes 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 his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214 and states, in pertinent part, that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders).
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was promoted to SFC/E-7 on 1 July 1981. He held this rank/grade until he was honorably discharged by reason of disability with severance pay. There is no indication he was reduced to SSG/E-6 prior to his discharge. It appears his DD Form 214 erroneously listed his pay grade as an E-6 instead of E-7. Therefore, he is entitled to correction of his
DD Form 214 to show the correct pay grade of E-7.
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 from item 4b of his DD Form 214 the entry "E-6" and replacing it with the entry "E-7."
_______ 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) AR20100014335
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ABCMR Record of Proceedings (cont) AR20100014335
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