IN THE CASE OF:	  

		BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120010015 


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/grade as specialist five (SP5)/E-5 vice specialist four (SP4)/E-4
* add his letters of commendation

2.  The applicant states his promotion orders for SP5/E-5 were not placed in his military records or they were lost.  In addition, his DD Form 214 does not list the letters of commendation he received.

3.  The applicant provides:

* letter of commendation, dated 1 July 1965
* endorsement to a letter of commendation, dated 12 August 1965
* photograph
* DD Form 214

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 enlisted in the Regular Army on 1 August 1962 and held military occupational specialty 98D (Communications Security Analyst).

3.  Special Order Number 201 issued by Headquarters, U.S. Army Personnel Center, Fort Hamilton, Brooklyn, NY, on 29 July 1965 releasing him from active duty shows his rank/grade as “SP5/E-4.”

4.  His DA Form 24 (Service Record) shows he was temporarily appointed to the rank/grade of SP4/E-4 on 1 September 1964 and permanently appointed to this rank/grade on 22 July 1965.

5.  His DA Form 20 (Enlisted Qualification Record) lists his rank/grade as SP4/
E-4.

6.  His record contains an undated letter of commendation wherein his rank is shown as SP5.

7.  He was honorably released from active duty on 22 July 1965.  His DD Form 214 lists his rank/grade as SP4/E-4 and his date of rank as 1 September 1964.  This form further shows he completed 2 years, 11 months, and 22 days of net active service.  There are no letters of commendation listed on this form.

8.  His record contains letter orders from the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 26 August 1965.  These orders list his rank as SP4 and directed his assignment to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

9.  His record contains letter orders from the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, dated 22 August 1967.  These orders list his rank as SP4 and directed his transfer from the USAR Control Group (Reinforcement) to the USAR Control Group (Standby).

10.  He provided a letter of commendation, dated 1 July 1965, and an endorsement to this letter, dated 12 August 1965.  The letter of commendation lists his rank as SP5.
11.  He provided a photograph of a Soldier wearing SP5 rank.  He claims to be the Soldier depicted in the photograph.

12.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated the promotion of enlisted personnel to grades E-3 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders.  Field grade commanders in the rank of lieutenant colonel or higher could promote to E-5.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 10-16, states acts or services which do not meet the criteria for decorations or the various authorized certificates may be recognized by written or oral expressions of commendation or appreciation.  A written expression of commendation or appreciation will be typed on letterhead stationery and will not contain formalized printing, seals, or other distinguishing features which depart from normal letter form.  Such letters may be issued to military personnel.  Copies of each letter of commendation or appreciation will be distributed to the individual's military personnel record.

14.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 prescribes the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his rank/grade to SP5/E-5 and add his letters of commendation to his DD Form 214 has been carefully considered.

2.  There is no provision for listing letters of commendation on the DD Form 214.

3.  The available evidence shows he held the rank of SP4/E-4 at the time of his release from active duty.  His record is void of any orders promoting him to SP5/E-5 and neither his DA Form 20 nor his DA Form 24 show he held the rank of SP5/E-5.

4.  Although there are some documents in his records that indicate his rank as SP5 (but his release from active duty orders are ambiguous, showing his rank as (“SP5/E4”), regrettably, without orders there is insufficient evidence to amend his DD Form 214 to show his rank as SP5.

5.  Based on the foregoing evidence, the requested relief is denied.

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)                                         AR20120010015



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ABCMR Record of Proceedings (cont)                                         AR20120010015



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