IN THE CASE OF:
BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120008283
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 rank as sergeant (SGT) instead of specialist five (SP5).
2. The applicant states his military record is incorrect because of human error.
3. The applicant provides:
* DD Form 214
* Special Orders Number 6, issued by Headquarters, 1st Cavalry Division, Fort Hood, TX, dated 12 May 1971
* Special Orders Number 144, issued by Headquarters, III Corps,
Fort Hood, dated 9 June 1971
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 September 1969. He completed initial entry training and he was awarded military occupational specialty 73C (Pay/Disbursing Specialist).
3. Special Orders Number 33, issued by Headquarters, 1st Armored Division (Old Ironsides), Fort Hood, dated 17 February 1971, promoted him to the rank of SP5, effective 1 February 1971.
4. Special Orders Number 6, issued by Headquarters, 1st Cavalry Division, Fort Hood, dated 12 May 1971, laterally appointed him from SP5 to SGT, effective
15 April 1971.
5. Special Orders Number 144, issued by Headquarters, III Corps, Fort Hood, dated 9 June 1971, released him from active duty (REFRAD), effective 17 June 1971, and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. These orders show his rank as SP5.
6. On 17 June 1971, he was honorably REFRAD. Item 5a (Grade, Rate or Rank) of the DD Form 214 he was issued at the time shows he was separated as an SP5.
7. His record is void of any documentation that shows he was laterally appointed from SGT to SP5 prior to his reassignment to the Adjutant General Transfer Point for separation processing.
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 and states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The version in effect at the time stated that item 5a would document the grade in which the Soldier was serving at time of his/her separation.
DISCUSSION AND CONCLUSIONS:
The applicant contends his DD Form 214 should be corrected to show his rank as SGT. The evidence shows he was promoted to SP5 on 1 February 1971 and he was laterally appointed from SP5 to SGT, effective on 15 April 1971. His record is void of any documentation that shows he was laterally appointed from SGT to SP5 prior to his separation from active duty. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his rank as sergeant (SGT).
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 from item 5a of his DD Form 214 the current entry and replacing it with the entry sergeant (SGT).
_______ _ 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) AR20110001786
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ABCMR Record of Proceedings (cont) AR20120008283
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