BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20120017300
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 records be corrected to show that he was discharged in the rank of Sergeant (SGT) E-5.
2. The applicant states his records show he was discharged in the rank of Corporal (CPL) E-4 but he was promoted and was serving in the rank of SGT,
E-5 at the time of his separation. His rank should have been SGT, E-5 because he achieved the rank and it should be reflected on his discharge documents.
3. The applicant provides copies of his promotion orders, DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a DA Form 1811 (Physical and Mental Status on Release from Active Service), discharge orders, and a copy of his discharge certificate.
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 on 26 May 1969. He completed his basic training at Fort Bragg, North Carolina and his advanced individual training as a field artillery crewman at Fort Sill, Oklahoma before being transferred to Korea on 2 October 1969.
3. He was promoted to the rank of CPL on 5 February 1970 and to the rank of SGT on 10 November 1970.
4. He cleared Korea in the rank of SGT and departed on 5 January 1971 for Fort Lewis, Washington where he was honorably released from active duty (REFRAD). His DD Form 214, blocks 5a (Grade, Rate or Rank) and 5b (Pay Grade), shows that he was REFRAD in the rank of CPL, E-4. Block 6 (Date or Rank) shows his date of rank as 5 February 1970. However, his separation orders show that he was REFRAD in the rank of SGT.
5. The Honorable Discharge Certificate provided by the applicant shows he was honorably discharged from the U.S. Army Reserve in the rank of CPL on 1 May 1975.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to the rank of SGT, E-5 on 10 November 1970 and there is no evidence of the applicant being reduced in rank prior to his REFRAD.
2. Inasmuch as his orders releasing him from active duty show his rank as a SGT, it is reasonable to presume that an administrative error occurred during the typing of his DD Form 214 that resulted in his rank being shown as CPL, E-4 instead of SGT, E-5.
3. Accordingly, his DD Form 214 should be corrected to show his rank as SGT, E-5 with a date of rank of 10 November 1970.
4. Additionally, he should be issued a new Honorable Discharge Certificate showing his rank as SGT.
BOARD VOTE:
___X_____ __X__ __X______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 the entries CPL E-4 from blocks 5a and 5b of his DD Form 214
* Deleting the entry 5 Feb 70 from block 6 of his DD Form 214
* Adding the entries SGT E-5 to blocks 5a and 5b of his DD Form 214
* Adding the entry 10 NOV 70 to block 6 of his DD Form 214
* Issuing the applicant an Honorable Discharge Certificate in the rank of SGT to replace the certificate now held by him in the rank of CPL
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20120017300
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ABCMR Record of Proceedings (cont) AR20120017300
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