IN THE CASE OF:
BOARD DATE: 6 December 2012
DOCKET NUMBER: AR20120010491
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was discharged in the rank of specialist five (SP5)/pay grade E-5.
2. The applicant states that he was discharged as a SP5/E-5; however, his
DD Form 214 indicates he was discharged in the rank and pay grade of specialist four (SP4)/E-4.
3. The applicant provides a copy of a special order authorizing him to "ration separately" and his rank was listed as SP5.
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 enlisted in the Regular Army on 13 October 1967 for a period of 3 years and training as an equipment storage specialist. He successfully completed his training and was transferred to Atlanta Army Depot in Forest Park, Georgia for his first assignment.
3. On 10 June 1968, he was transferred to Vietnam and on 18 December 1968 he was advanced to the pay grade of E-4.
4. He departed Vietnam on 9 June 1969 and was transferred to Germany for assignment to the 8th Supply and Transportation Battalion.
5. On 27 October 1969, orders were published by his unit authorizing him to "ration separately" and his rank was listed as that of a SP5.
6. He departed Germany on 3 October 1970 and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) as an overseas returnee in the rank and pay grade of SP4/E-4 with a date of rank of
18 December 1968. His discharge orders and his DD Form 214 reflect that he was discharged in the pay grade of E-4.
7. A review of his official records failed to show evidence of any kind indicating the applicant was promoted to the pay grade of E-5 or that he was on a promotion standing list. Additionally, all documents contained in his records, to include his clearance papers, indicate his rank was that of a SP4.
8. Army Regulation 600-200 (Enlisted Personnel) served as the authority for enlisted promotions. It provides, in pertinent part, that promotion to the pay grade of E-5 will be announced in orders.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he was discharged in the pay grade of E-5 has been noted.
2. While the applicant has provided a copy of orders authorizing him to "ration separately" and his rank was listed on those orders as SP5, it appears the orders were in error because all documents in his record that were prepared subsequent to those orders list his rank as SP4.
3. Additionally, the applicant was separated in the rank of SP4 and he has failed to show through sufficient evidence of record and the evidence submitted with his application that he was in fact promoted to the pay grade of E-5.
4. Therefore, in the absence of evidence to show that he was promoted to pay grade E-5, there appears to be no basis to grant his request.
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) AR20120010491
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ABCMR Record of Proceedings (cont) AR20120010491
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