BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110006018 


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 item 5a (Grade, Rate or Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as corporal (CPL) instead of specialist four (SP4).

2.  The applicant states that he was a CPL at the time of his separation.

3.  The applicant provides his DD Form 214 and DA Form 20 (Enlisted Qualification Record).

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 was inducted into the Army of the United States in the rank/grade of private/E-1 on 27 April 1967 and held military occupational specialty 13B (Field Artillery Basic).  

3.  He served in Vietnam from on or about 19 September 1967 to on or about 19 September 1968.  He was assigned to the 7th Battalion, 9th Artillery. 

4.  On 22 November 1968, Headquarters, 4th Battalion, 14th Artillery, Fort Sill, OK, published Special Orders Number 152 appointing him to SP4/E-4 Temporary (T), effective 22 November 1968.

5.  On 18 December 1968, Headquarters, 4th Battalion, 14th Artillery, Fort Sill, OK, published Special Orders Number 46 appointing him to Acting CPL/E-4, effective 18 December 1968.

6.  On 19 March 1969, Headquarters, 4th Battalion, 14th Artillery, Fort Sill, OK, published Special Orders Number 51 appointing him to CPL (T)/E-4, effective 22 November 1968.

7.  On 4 April 1969, the U.S. Army Field Artillery Center, Fort Sill, OK, published Special Orders Number 94 ordering his separation from the Regular Army, effective 25 April 1969.  The orders listed his rank as a "SP4." 

8.  Item 33 (Appointments and Reductions) of his DA Form 20 shows the highest rank/grade he held was CPL (T)/E-4, effective 22 November 1968.  

9.  He was honorably released from active duty on 25 April 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 shows in:

* Item 5a and 5b - "SP4 (T)" and "E-4" respectively
* Item 6 (Date of Rank) - "22 November 1968"
* Item 30 (Remarks) - "Item 5a: PFC (P) (Private First Class - Permanent) E-3 Appointed 23 September 1967"

10.  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 is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.

	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; for example, "MSG (T)" [Master Sergeant, Temporary] or "SP4 (P)."

	b.  Item 6 shows the date of rank 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.

		(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."

11.  Army Regulation 600-200 in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 contained Army-wide promotion policy and procedures.  Promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders.  Unit orders were issued for promotions to grade E-3 and E-4.  

DISCUSSION AND CONCLUSIONS:

The applicant was initially appointed as an acting CPL on 18 December 1968. However, on 19 March 1969, his unit appointed him to the temporary rank of CPL with an effective date of 22 November 1968.  Therefore, he is entitled to correction of his DD Form 214 to show the rank of CPL.




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 deleting from item 5a from his DD Form 214 the entry "SP4 (T)" and replacing it with the entry "CPL (T) See item 30."



      _______ _ 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)                                         AR20110006018





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ABCMR Record of Proceedings (cont)                                         AR20110006018



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