IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006314
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) for the period ending
18 September 1969 to show his pay grade as E-4 instead of E-3.
2. The applicant states he took the position of machine gunner when he arrived at his unit in the Republic of Vietnam (RVN). He was wounded on 23 December 1967 and he believes his record may not have been complete.
3. The applicant provides copies of:
* A newspaper article, dated 14 March 1968
* Photographs showing him in the RVN
* his Jumps-Army Retired/Annuitant Pay Statement, dated October 1989
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. On 19 October 1966, the applicant was inducted into the Army of the United States. He completed his initial entry training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. On 11 March 1967, the applicant departed Fort Jackson, SC for duty in the RVN. He was subsequently assigned to Company B, 2nd Battalion, 16th Infantry Regiment.
4. His record contains a DA Form 20 (Enlisted Qualification Record) that shows:
a. On 21 July 1967, he was advanced to the rank/grade of specialist four (SP4)/E-4 by Special Orders Number 202, issued by Headquarters, 1st Infantry Division in 1967;
b. On 23 December 1967, he was wounded in action and subsequently evacuated from the RVN and assigned as a patient at Valley Forge General Hospital (VFGH) in Pennsylvania.
c. On 30 October 1968, the applicant was reduced to private first class (PFC)/E-3, by Unit Orders Number 108, issued by VFGH, PA.
5. On 18 September 1969, the applicant was retired by reason of temporary physical disability in the rank/grade of PFC/E-3. He had completed 2 years,
10 months, and 25 days of total active service.
6. On 23 September 1969, an Ad Hoc Review Board, Office of the Secretary of the Army, considered the applicant's case and determined that he had served on active duty satisfactorily in the highest grade held of SP4/E-4, for the purpose of determining retirement grade.
7. An AGPZ Form 977 (Data for Retired Pay), dated 30 September 1969, shows the applicant's retired status was changed to show his retired rank/grade as SP4/E-4.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Items 5a and 5b show the Soldier's rank and pay grade at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his rank/grade as SP4/E-4.
2. The evidence of record clearly shows the applicant's rank/grade at the time of his retirement was PFC/E-3.
3. Subsequent to the applicant's separation from active duty, a determination was made by an Ad Hoc Review Board that he had served satisfactorily in rank/grade of SP4/E-4 while on active duty; therefore, he should be placed on the retired list in that pay grade. As this action occurred after his separation from active duty and it did not reverse his earlier reduction in grade, there is no error or injustice in this case.
4. In view of the foregoing, there is no basis for granting the applicant's 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.
ABCMR Record of Proceedings (cont) AR20120006314
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ABCMR Record of Proceedings (cont) AR20120006314
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