IN THE CASE OF:
BOARD DATE: 25 January 2011
DOCKET NUMBER: AR20100017713
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) for the period ending 3 March 1970 to show award of the Army Good Conduct Medal. In addition, he further requests that his rank be corrected to show specialist four (SP4)/E-4 instead of private first class (PFC)/E-3.
2. He states the Army Good Conduct Medal was omitted from his DD Form 214. Further, he states that after he was discharged from active duty he was promoted to SP4/E-4 in 1974 while serving in the Puerto Rico Army National Guard (PRARNG); therefore, he believes his DD Form 214 should be corrected to show his correct rank.
3. He provides his DD Form 214 and a copy of Headquarters, U.S. Army Personnel Center Special Orders Number 47, issued on 16 February 1970.
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 was inducted into the Army of the United States on 1 March 1968 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. On 3 September 1968, he was promoted to the rank of PFC/E-3.
4. Headquarters, U.S. Army Personnel Center Special Orders Number 47, dated 16 February 1970, show he was awarded the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency and fidelity during the period 1 March 1968 through 3 March 1970.
5. On 3 March 1970, he was honorably released and transferred to the United States Army Reserve after completing 2 years of creditable active service.
6. Item 5a (Grade, Rate or Rank) of his DD Form 214 shows the rank of PFC and item 5b (Pay Grade) shows E-3. Item 6 (Date of Rank) shows "3 SEP 68."
7. There are no orders in his military records that show he was promoted to the rank of SP4 while he was serving in an active duty status.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It
established standardized preparation of the DD Form 214. It states, that item 5a (Grade, Rate or Rank) and 5b (Pay Grade) will be completed to show the active duty grade or rank and pay grade at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his record should be corrected to show award of the Army Good Conduct Medal. He provided Headquarters, U.S. Army Personnel Center Special Orders Number 47 that show he was awarded the Army Good Conduct Medal for the period 1 March 1968 through 3 March 1970. Therefore, his DD Form 214 for the period ending 3 March 1970 should be corrected to show award of the Army Good Conduct Medal (1st Award).
2. He contends he was promoted to SP4 in 1974 while he was serving in the PRARNG; therefore, his DD Form 214 should be corrected to show this rank. However, his DD Form 214 covers the period 1 March 1968 through
3 March 1970. During that period, he was promoted to the rank of PFC on
3 September 1968 and he was separated in the rank of PFC. His active duty military records do not show he was promoted to the rank of SP4. His promotion to SP4 occurred while he was serving in the PRARNG, well outside of the period of active service that is covered by his DD Form 214. Therefore, his DD Form 214 correctly shows his rank as PFC.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 for the period ending 3 March 1970 to add award of the Army Good Conduct Medal (1st Award).
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the rank on the
DD Form 214 to show SP4.
___________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) AR20100017713
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017713
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