IN THE CASE OF:
BOARD DATE: 31 May 2012
DOCKET NUMBER: AR20110024984
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 he was promoted to the rank/grade of specialist four (SP4)/E-4 prior to his release from active duty.
2. The applicant states his DD Form 214 shows his rank/grade as private first class (PFC)/E-3; however, he was promoted to SP4 prior to his discharge.
3. The applicant provides:
* DD Form 214
* Special Orders (SO) Number 154
* Geneva Convention Identification Card
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 was inducted into the Army of the United States on 22 July 1970. He completed the training requirements and he was awarded military occupational specialty (MOS) 95B (Military Police). He was advanced to the rank/grade of private/E-2 on 22 November 1970.
3. He served in Korea from 11 December 1970 to 10 March 1972. He was assigned to Battery B, 2nd Battalion, 71st Artillery.
4. On 24 February 1971, Headquarters, Eighth U.S. Army Personnel and Administration Battalion, published SO Number 55 appointing him to the rank/grade of PFC/E-3 effective 29 January 1971.
5. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows the highest rank/grade he held was PFC/E-3.
6. On 3 June 1971, Headquarters, Eighth U.S. Army Personnel and Administration Battalion, published SO Number 154 appointing him to the rank/grade of SP4/E-4 and awarding him MOS 95B2O effective 4 May 1971.
7. On 18 January 1972, he out-processed his Korea unit in preparation for separation. His DA Form 137 (Installation Clearance Record) lists his rank as PFC.
8. On 24 January 1972, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, published SO Number 24 ordering his release from active duty effective 24 January 1972. These orders list his rank as PFC.
9. A DDA Form 1811 (Physical and Mental Status on Release from Active Duty), dated 24 January 1972, shows his rank as SP4.
10. A DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement), dated 24 January 1972, shows his rank as E-4.
11. He was honorably released from active duty on 24 January 1972. He completed 1 year, 6 months, and 3 days of creditable active service. His DD Form 214 shows in:
* item 5a (Grade, Rate, or Rank) "PFC"
* item 5b (Pay Grade) "E-3"
* item 6 (Date of Rank) "29 JAN 71"
12. 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 that promotions of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restorations were announced in orders.
13. 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 for the preparation of the DD Form 214.
It stated that items 5a and 5b show the active duty rank and pay grade at the time of the Soldier's separation, the rank is taken from the Soldier's promotion/reduction orders, and item 6 shows the date of rank.
DISCUSSION AND CONCLUSIONS:
The available evidence shows he was appointed to the rank/grade of SP4/E-4 effective 4 May 1971, more than 8 months prior to his release from active duty. It appears he held this rank/grade at the time of separation as nothing in his records shows he was reduced between the date of his appointment and the date of his 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 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 entries from items 5a, 5b, and 6 of his DD Form 214
* adding the entries "SP4," "E-4," and "4 MAY 71," respectively
_______ _ 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.
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