IN THE CASE OF:
BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110016623
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 that her late husband's records be corrected to show his rank and pay grade as sergeant, E-5.
2. The applicant states the former service member (FSM) was promoted to sergeant, E-5 on 30 May 1967.
3. The applicant provides copies of the FSM's DD Form 214, 186th Light Infantry Brigade Special Orders Number 163, 31st Infantry Regiment Unit Orders Number 31, and the FSM's death certificate.
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 FSM was inducted on 29 September 1965, completed training, and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. He served in Vietnam with Company A, 4th Battalion, 31st Infantry Regiment from 15 July 1966 through 28 June 1967.
4. 31st Infantry Regiment Unit Orders Number 31, dated 30 May 1967, shows the FSM was appointed a temporary acting sergeant (E-5).
5. 186th Light Infantry Brigade Special Orders Number 163, dated 18 June 1967, shows reassignment of the FSM as a specialist four to Vietnam.
6. His DA Form 20 (Enlisted Qualification Record) shows advancement to specialist four, E-4, effective 3 December 1966.
7. The FSM was released from active duty on 3 July 1967 in the rank and grade of specialist four, E-4.
DISCUSSION AND CONCLUSIONS:
1. The unit orders did not officially promote the FSM to sergeant but rather gave him the temporary acting rank and grade of sergeant .
2. Without orders officially promoting the FSM to sergeant, his DD Form 214 correctly shows his rank and grade at the time of his release from active duty as specialist four, E-4 and no relief is warranted.
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) AR20110016623
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ABCMR Record of Proceedings (cont) AR20110016623
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