IN THE CASE OF:
BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110010930
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 rank/grade as specialist four (SP4)/E-4.
2. The applicant states he was promoted to SP4/E-4 on 5 November 1970.
3. The applicant provides:
* his DD Form 214
* Special Orders Number 339, issued by Headquarters, U.S. Army Support Command (Vietnam), dated 5 December 1970
* his DA Form 2349 (Military Pay Voucher) for pay period 1-30 April 1971
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 was inducted into the Army of the United States on 4 September 1969. He completed training and he was awarded military occupational specialty 64A (Light Vehicle Driver).
3. Special Orders Number 339, dated 5 December 1970, promoted the applicant to SP4/E-4, with an effective date of 5 November 1970.
4. His record contains a Standard Form (SF) 88 (Report of Medical Examination) that shows on 16 August 1971 he completed a separation medical examination. This form shows his rank/grade as SP4/E-4.
5. He was honorably released from active duty on 1 September 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 28 days of total active service with no time lost. His DD Form 214 shows in:
* item 5a (Grade, Rate or Rank) the entry PFC (Private First Class)
* item 5b (Pay Grade) the entry E-3
* item 6 (Date of Rank) the entry 21 January 1970
6. The applicant's record is void of any evidence showing he was reduced in rank/grade prior to his separation.
7. The applicant provides a copy of his DA Form 2349 for pay period 1-30 April 1971 which shows his pay grade as E-4.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the active duty rank/grade at the time of separation will be entered in items 5a and 5b of the DD Form 214 being prepared.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to show his rank/grade at the time of his separation as SP4/E-4 was carefully considered.
2. The applicant provides a copy of his promotion order and a military pay voucher that confirms his pay grade as E-4. Other documents contained in his military record confirm he was a SP4/E-4. There is no indication that he was reduced in rank/grade prior to separation. Therefore, his DD Form 214 should be corrected to show his rank/grade as SP4/E-4.
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 of his DD Form 214 the entry PFC and replacing it with the entry SP4;
b. deleting from item 5b of his DD Form 214 the entry E-3 and replacing it with the entry E-4; and
c. deleting from item 6 of his DD Form 214 the entry 21 January 1970 and replacing it with the entry 5 November 1970.
___________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) AR20110010930
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ABCMR Record of Proceedings (cont) AR20110010930
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