IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110021586
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 items 5a (Grade, Rate or Rank), 5b (Pay Grade), and 6 (Date of Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* his promotion to sergeant (SGT) was effective 4 August 1971
* his promotion orders are dated 2 September 1971
* he was discharged on 29 August 1971
* his DD Form 214 shows specialist four (SP4)
3. The applicant provides:
* promotion orders
* Honorable Discharge Certificate from the U.S. Army Reserve (USAR)
* DD Form 214
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 enlisted in the Regular Army on 23 January 1969 for a period of 3 years. He served as a field artillery crewman in Vietnam from 26 February 1970 to 29 August 1971. On 29 August 1971, he was released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
3. His DD Form 214 shows in:
* item 5a the entry "SP4"
* item 5b the entry "E-4"
* item 6 the entry "24 APR 70" (24 April 1970)
4. He provides Special Orders Number 146, dated 2 September 1971, which show he was promoted to SGT effective 4 August 1971.
5. He was honorably discharged from the USAR on 1 January 1975 in the rank of SP4.
DISCUSSION AND CONCLUSIONS:
The promotion orders provided by the applicant which show he was promoted to SGT/E-5 effective 4 August 1971 are accepted as sufficient evidence on which to amend items 5a, 5b, and 6 of his DD Form 214.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the entry from item 5a of his DD Form 214 and adding the entry "SGT,"
b. deleting the entry from item 5b of his DD Form 214 and adding the entry "E-5," and
c. deleting the entry from item 6 of his DD Form 214 and adding the entry "4 AUG 71."
____________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) AR20110021586
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021586
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