BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120010877
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 item 3 (Grade, Rate or Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/pay grade as sergeant (SGT)/E-5 instead of specialist five (SP5)/E-5.
2. He states he believes his record should be corrected because his DD Form 214 will be used for his burial plaque or for other uses.
3. He provides his 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 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 5 November 1963 in the rank/pay grade of private/E-1.
3. Special Orders Number 66, dated 30 June 1966, published by Headquarters, 100th Artillery Group in Norfolk, VA, show the applicant was appointed to the temporary grade of SGT/E-5, effective the date of the orders.
4. His DA Form 20 (Enlisted Qualification Record) indicates he was appointed to the temporary rank of SGT on 30 June 1966 and he performed duties as a Shift Supervisor in duty MOS 72B (Communications Center Specialist) from May 1966 to 7 November 1966.
5. On 7 November 1966, he was released from active duty (REFRAD) at the expiration of his term of service. His DD Form 214 indicates his temporary rank/pay grade as SP5/E-5 with a date of rank of 30 June 1966.
6. His service record does not include evidence which indicates he was reappointed to a position in the rank of SP5 prior to his REFRAD.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was appointed to the temporary rank of SGT on 30 June 1966 and performed duties as a Shift Supervisor from May 1966 to the date of his REFRAD on 7 November 1966.
2. His service record is void of evidence which shows he was reappointed to a position in the rank of SP5 prior to his REFRAD. Therefore, it would be appropriate to amend his DD Form 214 to show his rank as SGT instead of SP5.
BOARD VOTE:
_x____ _x_______ __x______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends the DD Form 214 of the individual concerned be corrected by:
a. deleting the entry "SP5 E-5 (T)" from item 3a; and
b. adding the entry "SGT E-5 (T)" to item 3a.
_______ _ _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) AR20120010877
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ABCMR Record of Proceedings (cont) AR20120010877
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