IN THE CASE OF:
BOARD DATE: 7 July 2011
DOCKET NUMBER: AR20110000583
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 he held the rank/grade of sergeant (SGT)/E-5 at the time of his release from active duty (REFRAD).
2. He states:
* He was promoted to SGT not specialist five (SP5) prior to departing Vietnam
* The sergeant major of the promotion board told him that he was a full SGT and to sew on his SGT stripes
* He left Vietnam before the promotion list was released and upon release, his name was on it
* He does not have a copy for proof
3. He provides his DD Form 214.
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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire.
3. The applicant's records show he was inducted into the Army of the United States on 18 July 1967.
4. His available record contains a Reconstructed Record from Fire, which shows his grade as specialist four (SP4).
5. He was honorably REFRAD on 26 May 1969 and transferred to the U.S. Army Reserve (Annual Training). The DD Form 214 he was issued shows he completed a total of 1 year, 10 months, and 9 days of creditable active service. His DD Form 214 also shows the following entries:
* item 5a (Grade, Rate, or Rank) SP4 (Temporary)
* item 5b (Pay Grade) E-4
* item 6 (Date of Rank) 14 March 1968
* item 30 (Remarks) Item 5a private first class (PFC) (Permanent) E-3
6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states to enter the grade in which serving at the time of separation, indicating whether permanent or temporary. Enter the date of rank shown and if the date of rank is different from the date of appointment, enter the date of appointment in the remarks section of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the applicant's available record nor did he submit any corroborating evidence that shows he was promoted to SGT/E-5 prior to his release from active duty. As a result, he is not entitled to have his record corrected to show he was a SGT/E-5 while on active duty in the U.S. Army.
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 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) AR20110000583
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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