IN THE CASE OF:
BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110004727
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 pay grade as E-5 and his primary military occupational specialty (PMOS) as 44C2O (Welder).
2. The applicant states he was never trained in MOS 13A, but he was trained as a welder in civilian life.
3. The applicant provides a copy of his reassignment orders from the U.S. Army Reserve (USAR), dated 25 June 1970, showing his rank as specialist four/E-4 and his PMOS as 44C2O and a copy of an AGUZ Form 289, dated 12 June 1984, showing he was awarded PMOS 44C2O.
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. He was inducted into the Army of the United States in Memphis, Tennessee, on 14 July 1970. He completed basic training at Fort Polk, Louisiana, and was transferred to Fort Hood, Texas, for assignment to Battery A, 4th Battalion, 3d Artillery Regiment, 1st Armored Division, for 8 weeks of on-the-job training as a cannoneer.
3. On 13 January 1971, orders were published awarding the applicant PMOS 13A1O.
4. On 23 May 1971, he was transferred to Germany for assignment to an artillery battery. He was advanced to pay grade E-4 on 10 August 1971.
5. He departed Germany in February 1972 and was transferred to Fort Dix, New Jersey, where he was honorably released from active duty (REFRAD) on 14 February 1972 and transferred to the USAR to complete his statutory service obligation. His DD Form 214 issued at the time of his REFRAD shows his pay grade as E-4 and his PMOS as 13A1O.
6. The documents provided by the applicant showing he was awarded PMOS 44C2O are dated subsequent to his REFRAD. The applicant's records contain no evidence to show he was promoted to pay grade E-5 prior to his REFRAD.
7. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current in official records as of the date of separation from active duty. Information that occurs subsequent to the date the DD Form 214 is prepared will not be entered on the DD Form 214 retroactively unless the event occurred during the period covered by the DD Form 214. In other words, the DD Form 214 serves as a snapshot in time.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect his pay grade as E-5 and his PMOS as 44C2O has been noted and found to lack merit.
2. The applicant's pay grade was E-4 and his PMOS was 13A1O during the period covered by his DD Form 214 and that information appears to be correctly reflected on his DD Form 214.
3. In the absence of evidence to show he was promoted to pay grade E-5 and that PMOS 44C2O was awarded prior to his REFRAD on 14 February 1972, there appears to be no basis for granting his request.
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) AR20110004727
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ABCMR Record of Proceedings (cont) AR20110004727
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