IN THE CASE OF:
BOARD DATE: 27 October 2011
DOCKET NUMBER: AR20110006496
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 was separated in the rank/grade of sergeant (SGT)/E-5 (P) permanent.
2. The applicant states his rank should not be listed as SGT (T) temporary; it should be listed as SGT (P). Additionally, he offers that item 32 (Remarks) of his DD Form 214 shows only his promotion to private first class (PFC)/E-3. He explains that he was temporarily promoted to corporal (CPL)/E-4 and later permanently promoted to CPL.
3. He provides his DD Form 214 and a self-authored statement.
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 records show he was inducted into the Army of the United States on 30 August 1963 and he was honorably released from active duty on
27 August 1965. He was credited with completing 1 year, 11 months, and
28 days of active service.
3. Item 3a (Grade, Rate or Rank) and item 3b (Date of Rank) of his DD Form 214 shows his rank/pay grade as SGT (E-5) (T) and his date of rank as 31 March 1965. Additionally, item 32 of the same form shows a continuation of item 3a and lists "PFC (P) (E-3) appointed 6 May 1964."
4. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) lists his grade, date of rank, and authority as follows:
* PFC - E-3(P), 6 May 1964, Unit Orders Number 11, Battery C, 6th Battalion, 29th Artillery Regiment
* CPL - E-4(T), 21 September 1964, Unit Orders Number 59, Headquarters, 6th Battalion, 29th Artillery Regiment
* SGT- E-5(T), 31 March 1965, Special Orders Number 85, Headquarters, 4th Infantry Division
5. His record is void of any promotion orders to show he was permanently promoted to CPL or SGT.
6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-9 instructs the preparer to enter in items 3a the rank/pay grade in which serving at the time of separation, indicating whether permanent or temporary. Enter in item 3b the date of rank for the grade shown in 3a.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show the highest rank he held was SGT which was listed on his DA Form 20 as a temporary rank/grade. Additionally, his DA Form 20 shows the highest permanent grade he held was PFC, effective 6 May 1964. This information is consistent with the information listed on his DD Form 214. Therefore, in the absence of promotion orders to substantiate his claim, his
DD Form 214 is correct as constituted.
2. In view of the foregoing evidence, he is not entitled to the requested relief.
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 that 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) AR20110006496
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ABCMR Record of Proceedings (cont) AR20110006496
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