IN THE CASE OF:
BOARD DATE: 13 November 2012
DOCKET NUMBER: AR20120007414
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 Unites States Report of Transfer or Discharge) to show his pay grade as E-4.
2. He states a clear and unmistakable error was made upon his discharge. He was offered an "early out" and received extra back pay upon discharge because it was discovered he was an E-4, not an E-3.
3. The applicant submits his DD Form 214 and release from active duty (REFRAD) 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 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 was inducted on 3 May 1965. He completed training and was awarded MOS 11B (Light Weapons Infantryman.
3. His DA Form 20 (Enlisted Qualification Record) shows in item
33 (Appointments and Reductions) his grade was private first class/E-3 with
date of rank 22 January 1966.
4. His DD Form 214 shows he was honorably released from active duty in the pay grade of E-3 effective 20 February 1967. He completed 1 year, 9 months, and 5 days of total active service.
5. In support of his request he provided Special Orders Number 39, Walter Reed Medical Center, dated 16 February 1967. These orders show in the standard name line that his pay grade was E-3 and contain the remark "No years pay gr E4: NA." There is no indication in these orders that he had been promoted to
E-4.
6. His finance records are no available for review.
7. There is no available evidence to show he was promoted to E-4 prior to his release from active duty.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. For item 5b (Pay Grade), enter the pay grade in which serving at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his pay grade on his DD Form 214 should be corrected to show E-4.
2. There is no available evidence he was promoted to E-4 prior to his REFRAD or that he received back-pay at the E-4 rate.
3. Therefore, there is no basis for correction of the applicant's DD Form 214.
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 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) AR20120007414
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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