BOARD DATE:	  28 July 2011

		DOCKET NUMBER:  AR20110001834 


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 promotion to the grade of Specialist Five (SP5)/E-5.

2.  He states he was promoted to SP5 on 9 May 1968. 

3.  He provides his:

* DD Form 214
* promotion orders

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.  His military personnel record shows he was inducted into the Army of the United States on 5 July 1966.  After completion of training, he served in military occupational specialty 67N (Single Rotor Turbine Helicopter Mechanic).

3.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows the highest rank/grade he held was Specialist Four (SP4)/E-4 Temporary (T), with a Date of Rank (DOR) of 27 June 1967.  

4.  On 22 April 1968, he was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve service obligation.  His DD Form 214 contains the following entries:

* Item 5a (Grade, Rate or Rank) –SP4 (T)
* Item 5b (Pay Grade) – E-4
* Item 6 DOR – 27 June 1967
* Item 30 (Remarks) – Item 5a Private First Class PFC (P) E-3, appointed 
   9 February 1967

5.  He provided a copy of Special Orders Number 122, dated 9 May 1968.  This order shows he was promoted to the grade SP5/E-5 (T) with an effective date of 17 April 1968, in accordance with paragraph 7-13 of Army Regulation 600-200 (Enlisted Personnel Management).
.
6.  Army Regulation 600-200, in effect at the time, provided for the temporary promotion of enlisted personnel of the Active Army to pay grades E-4 through 
E-6, which were made against periodic temporary promotion quota allocations.  The temporary appointment of a Regular Army enlisted Soldier automatically becomes permanent on the date of completion of the specific time in grade (TIG) and time in service (TIS) requirements, and are reflected as:

	a.  Permanent promotion to pay grade E-4, during the period in question, required 24 months TIS and 6 months TIG as an E-3; and

	b.  Permanent promotion to pay grade E-5, during the period in question, required 48 months TIS and 12 months TIG as an E-4. 

7.  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 was to provide the individual with documentary evidence of their military service.  Specific entries are as follows:

	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.

	b.  Item 6 shows the DOR for the grade shown in item 5a.

		(1)  If the date of rank is different from the date of appointment, enter the date of appointment in item 30 (Remarks).

		(2)  If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment will be entered in item 30.

	c.  Item 30 is used to complete entries too long for their respective blocks and/or as a cross-reference.  An entry is made in item 30 with respect to the grade as follows:

		(1)  If the date of appointment is different from the date shown in item 6, enter date of appointment as follows:  Item 6 - Date of Appointment 15 August 1955.

		(2)  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, as follows, "Item 5 - MSG (P) (E-8), Appointed 1 August 1988" or Item 5 - SP5 (T), Appointed 13 September 1958, date of rank 1 August 1958."

DISCUSSION AND CONCLUSIONS:

1.  His request to correct his DD Form 214 to show his rank/grade as SP5/E-5 is supported by the evidence of record. 

2.  The evidence of record shows that subsequent to his honorable REFRAD and transfer to the USAR Control Group (Annual Training), he was promoted to the temporary grade of SP5/E-5 with a DOR of 17 April 1968.  

3.  As a result, he is entitled to have items 5a, 5b, and 6 of his DD Form 214 corrected to show to reflect SP5/E-5 (T) with a DOR of 17 April 1968.   

4.  Item 33 of his DA Form 20 confirms he met the TIG requirements for permanent promotion to the rank/grade of SP4/E-4; however, he did not meet the TIS requirements.  As a result, item 30 of his DD Form 214 contains the correct entry of PFC/E-3 as his highest permanent grade.  


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:

    a.  deleting from item 5a from his DD Form 214 the entry "SP4 (T)" and replacing it with the entry "SP5 (T)”;

    b. deleting from item 5b of his DD Form 214 the entry "E-4" and replacing it with the entry "E-5"; and

    c.  deleting from item 6 of his DD Form 214 the entry "27 Jun [June] 1967" and replacing it with the entry "17 Apr [April] 1968."



      _________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)                                         AR20110001834





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ABCMR Record of Proceedings (cont)                                         AR20110001834



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