BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100022882
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 rank as specialist five (SP5)/E-5.
2. The applicant states he was promoted to SP5 before leaving Germany, but he never received the orders and was separated upon expiration of his term of service.
3. The applicant provides:
* his DD Form 214
* a memorandum from the Detachment Commander, 31st Surgical Hospital, Germany, dated 7 August 1967
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Regular Army from 31 August 1964 to 10 August 1967. His DA Form 20 (Enlisted Qualification Record) shows he was promoted to specialist four (SP4)/E-4 on 19 January 1966 and he was transferred to the U.S. Army Reserve (USAR) in that rank on 10 August 1967.
3. The applicant's records contain and he also provided a 7 August 1967 memorandum affirming that he was promoted to SP5/E-5 by his commanding officer on 16 July 1967. The memorandum states promotion orders are pending.
4. The applicant's DD Form 214 shows he was honorably separated from active duty on 10 August 1967 as an SP4/E-4.
5. On 18 August 1970, the applicant was honorably discharged from the USAR as an SP5/E-5.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his rank as shown on his DD Form 214.
2. The evidence shows the applicant was promoted to SP5/E-5 by his commanding officer with a date of rank of 16 July 1967. His DD Form 214 should, therefore, be corrected.
BOARD VOTE:
____x_ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
* promoting him to SP5/E-5 effective 16 July 1967
* correcting item 5a (Grade, Rate, or Rank) and item 5b (Pay Grade) of his DD Form 214 to show "SP5" and "E5"
* correcting item 6 (Date of Rank) to show his date of rank as "16 Jul 67"
____________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) AR20100022882
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ABCMR Record of Proceedings (cont) AR20100022882
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