BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110007877
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 records to show he was promoted to the rank/grade of specialist five (SP5)/E-5 prior to his release from active duty.
2. The applicant states in June or July 1968, while in transit, he was shown the orders that showed he had been promoted to SP5/E-5. However, he left Vietnam and he was discharged at Fort Lewis, WA, before these orders caught up with him. He wants to show his grandchildren that if they put forth a good effort in life they will be recognized.
3. The applicant did not provide any evidence.
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 in pay grade E-1 on 28 September 1966. He completed the training requirements and he was awarded military occupational specialty (MOS) 17B (Field Artillery Radio Operator). He was advanced to E-2 on 1 December 1966.
3. On 15 February 1967, the 2nd Enlisted Student Battery, U.S. Army Artillery and Missile School, Fort Sill, OK, published Special Orders (SO) Number 18 appointing him to the permanent (P) grade of private first class (PFC)/E-3.
4. On 20 July 1967, Headquarters, 1st Armored Division, Fort Hood, TX, published SO Number 171 appointing him to the temporary (T) rank/grade of specialist four/SP4, effective 12 July 1967.
5. He served in Vietnam from on or about 22 January 1968 to on or about 14 July 1968.
6. On 15 July 1968, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, published SO Number 197 showing he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) effective 15 July 1968. These orders listed his rank as a SP4.
7. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows the entry SP4/E-4 as the highest rank/grade he held.
8. His service records do not contain official orders promoting him to SP4/E-4 or SGT/E-5.
9. He was honorably released from active duty on 16 July 1968. He completed 1 year, 9 months, and 19 days of creditable active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in:
* Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) the entries "SP4" and "E-4" respectively
* Item 6 (Date of Rank) shows the entry "12 July 1947 [sic] (1967)"
10. Army Regulation 600-200 (Enlisted Personnel Management System), 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. It stated, in pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.
11. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldiers promotion/reduction orders; and item 6 shows the date of rank.
DISCUSSION AND CONCLUSIONS:
There is no evidence in the applicant's records and he did not provide any evidence that shows he was recommended for or promoted to SP5/E-5 prior to his honorable release from active duty on 16 July 1968. His DA Form 20 shows the highest rank/grade he attained was SP4/E-4 and his separation orders listed his rank as a SP4. His service records do not contain official orders promoting him to SP5/E-5. In the absence of documentary evidence confirming he was promoted or appointed to SP5/E-5, there is insufficient evidence to grant him 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) AR20110007877
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