IN THE CASE OF:	  

		BOARD DATE:	  8 May 2012

		DOCKET NUMBER:  AR20110023091 


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/pay grade as specialist five (SP5)/E-5.

2.  The applicant states his rank and grade are documented incorrectly in items 5a (Grade, Rate, or Rank) and 5b (Pay Grade) of his DD Form 214.

3.  The applicant provides:

* DD Form 214
* DA Form 2495 (Disposition Form), dated 10 August 1971, subject:  1st Aircraft Maintenance Battalion Promotion Standing List, with Recommended List for Promotion of Enlisted Personnel to Pay Grade E-5
* Special Orders Number 277, U.S. Army Flight Training Center and Fort Stewart, Fort Stewart, GA, dated 13 October 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 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's records show he enlisted in the Regular Army in the rank/grade of private/E-1 on 10 March 1969.  He completed training and was awarded military occupational specialty 67Y (AH-1G Helicopter Repairman).  He was advanced to private/E-2 on 8 May 1969 and to private first class/E-3 on 9 July 1969.

3.  He served in Vietnam from 14 September 1969 to 13 September 1970.  He was assigned to Battery A, 4th Battalion, 77th Artillery.

4.  On 3 January 1970, Battery A, 4th Battalion, 77th Artillery, 101st Airborne Division, published Unit Orders Number 1 advancing him to the rank/grade of specialist four (SP4)/E-4 effective 3 January 1970.

5.  Upon return from Vietnam he was reassigned to the 1st Aircraft Maintenance Battalion, Hunter Army Airfield and Fort Stewart.

6.  On 19 July 1971, his chain of command recommended him for promotion to SP5/E-5.  He appeared before the 1st Aircraft Maintenance Battalion Promotion Board on 5 August 1971 and was recommended for promotion.  His name was incorporated into the 1st Aircraft Maintenance Battalion Promotion Standing List.

7.  His service records do not contain orders promoting him to SP5/E5 and his DA Form 20 (Enlisted Qualification Record) shows the highest rank/pay grade he held was that of SP4/E-4.  However, he provides a copy of Special Orders Number 227 published by the U.S. Army Flight Training Center and Fort Stewart on 13 October 1971 that shows:

* he was promoted to SP5/E-5
* his effective date of promotion is 7 October 1971
* the authority for this promotion is Army Regulation 600-200 (Enlisted Personnel Management), paragraph 7-13, and a Department of the Army letter, dated 29 September 1971

8.  On 14 December 1971, the U.S. Army Flight Training Center and Fort Stewart published Special Orders Number 270 showing he was reassigned to the U.S. Army Transfer Point, Fort Stewart, effective 10 January 1972 for the purpose of separation processing.  These orders list his rank as SP4.

9.  He was honorably released from active duty on 22 December 1971.  He completed 2 years, 9 months, and 13 days of creditable active service.  His DD Form 214 shows in:

* items 5a and 5b, the entries "SP4" and "E-4"
* item 6 (Date of Rank), the entry "3 January 1970"

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 the promotion of enlisted personnel to grades 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 in effect at the time contained guidance on the preparation of the DD Form 214.  It stated that items 5a and 5b would show the active duty rank and pay grade at the time of the Soldier's separation.  The rank would be taken from the Soldier's promotion/reduction orders.  Item 6 would show the date of rank.

DISCUSSION AND CONCLUSIONS:

The available evidence shows he was promoted to the rank/pay grade of 
SP5/E-5 effective 7 October 1971 prior to his release from active duty.  It appears he held this rank/grade at the time of separation and should, therefore, be entitled to correction of his DD Form 214 to show his rank/pay grade as SP5/E-5.

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:

* deleting the entry "SP4" from item 5a of his DD Form 214 and replacing it with the entry "SP5"
* deleting the entry "E-4" from item 5b of his DD Form 214 and replacing it with the entry "E-5"
* deleting the entry "3 Jan 70" (3 January 1970) from item 6 of his DD Form 214 and replacing it with the entry "7 Oct 71" (7 October 1971)



      _____________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)                                         AR20110023091



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ABCMR Record of Proceedings (cont)                                         AR20110023091



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