IN THE CASE OF:
BOARD DATE: 14 August 2012
DOCKET NUMBER: AR20120002869
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 the rank title listed in item 5a (Grade, Rate or Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to read Sergeant (SGT) vice Specialist Five (SP5).
2. The applicant states shortly after being promoted to SP5 in the Republic of Vietnam (RVN) he was given hard stripes for SGT and put in charge of the consolidated motor pool and remained in that position until leaving.
3. The applicant provides an Army Commendation Medal certificate in support of his request.
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 3 May 1968, and was trained in and awarded military occupational specialty (MOS) 63C (General Vehicle Repairman).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he was promoted to the rank and pay grade of SP5/E-5 on 17 September 1969. Item 38 (Record of Assignments) shows that he served in MOS 63C as a general vehicle repairman while in the RVN. There are no entries on the DA Form 20 indicating he ever held or served in the rank title of SGT.
4. The applicants Military Personnel Records Jacket (MPRJ) is void of lateral appointment orders to SGT. The MPRJ is void of any orders or other documents listing the applicants rank title as SGT and his separation orders issued on
7 April 1970 list his rank as SP5 in the standard name line.
5. On 7 April 1970, the applicant was honorably released from active duty after completing 1 year, 11 months, and 5 days of active military service. The
DD Form 214 he was issued at the time lists his rank title as SP5 in item 5a.
6. The applicant provides a certificate, dated 10 May 1970, which awarded him the ARCOM for his service in the RVN between April 1969 and April 1970. This certificate lists his rank title as SGT.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicants REFRAD stated that the DA Form 20 and documents and orders in the MPRJ were the primary source records for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The applicants request to change the rank title in item 5a of his DD Form 214 to read SGT vice SP5 has been carefully considered. However, the evidence of record confirms he held the rank title of SP5 at the time of separation, as evidenced by entries on his DA Form 20 and in all orders and documents on file in the MPRJ, including the applicants separation orders, dated 7 April 1970. Absent orders or other documents indicating the applicant was ever laterally appointed as a SGT, there is an insufficient evidentiary basis to support granting the requested relief.
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.
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