IN THE CASE OF:
BOARD DATE: 15 May 2012
DOCKET NUMBER: AR20110023408
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 final rank as sergeant (SGT)/E-5.
2. He states he was promoted prior to discharge. He worked hard and deserves the rank he earned.
3. He provides his DD Form 214 and promotion orders.
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 17 June 1968.
3. He provides Special Orders Number 14 Extract, issued by Headquarters, 97th Military Police Battalion, dated 16 January 1970, permanently promoting him to SGT/E-5 effective the date of the orders.
4. Special Orders Number 18 Extract, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 18 January 1970, relieved him from active duty effective 18 January 1970 and assigned him to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his military service obligation. The orders show he was a SGT/E-5 at the time.
5. His DD Form 214 shows he was honorably released from active duty as an overseas returnee on 18 January 1970 after completing 1 year, 7 months, and 2 days of total active service. Item 5a (Grade, Rate or Rank) shows "SP4" and item 5b (Pay Grade) shows "E-4."
6. His record is void of documentation showing he was reduced to SP4/E-4 prior to release from active duty.
7. Effective 1 June 1974, he was honorably discharged from the USAR. The orders discharging him show he was a SGT/E-5.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to SGT/E-5 prior to release from active duty and transferred to the USAR in this rank. There is no evidence he was reduced to SP4/E-4 prior to release from active duty or during his USAR status.
2. It appears an error was made in entering his rank/grade on his DD Form 214. It would be appropriate to correct his DD Form 214 to show he was a SGT/E-5.
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 deleting the entries in items 5a and 5b of his DD Form 214 and adding the entries "SGT" and "E-5."
___________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) AR20110023408
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ABCMR Record of Proceedings (cont) AR20110023408
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