BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20120020309
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 he held the rank of sergeant (SGT)/E-5 at the time of discharge.
2. The applicant states his final promotion is not correctly annotated on his
DD Form 214.
3. The applicant provides:
* Promotion Orders
* 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's records show he was inducted into the Army of the United States on 4 June 1968, in the rank of private (PVT)/E-1. He completed his initial entry training and he was awarded military occupational specialty 13A (Field Artillery Basic).
3. His DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) that he was promoted accordingly on the dates indicated:
* private (PVT)/E-2 4 October 1968
* private first class (PFC)/E-3 7 December 1968
* specialist four (SP4)/E-4 17 July 1969
4. His DA Form 20 also shows he served in the Republic of Vietnam from February 1969 through February 1970.
5. On 25 February 1970, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 8 months, and 22 days of creditable active duty service. His DD Form 214 includes the following entries in the items indicated:
* item 5a (Grade, Rate, or Rank) "SP4"
* item 5b (Pay Grade) "E-4"
* item 6 (Date of Rank) "17 Jul 69"
6. On 2 March 1970, Headquarters, 5th Battalion (175mm) (SP) 22nd Artillery, APO San Francisco, published Special Orders Number 43, which announced the applicant's promotion from SP4/E-4 to SGT/E-5 effective on 31 January 1970.
7. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. It stated that promotions of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restorations were announced in orders.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2, in effect at the time, contained guidance for preparation of the DD Form 214. It stated that items 5a and 5b show the active duty rank and pay grade at the time of the Soldier's separation, the rank is taken from the Soldier's promotion/reduction orders, and item 6 shows the date of rank.
DISCUSSION AND CONCLUSIONS:
The available evidence shows the applicant was promoted to the rank/grade of SGT/E-5 effective 31 January 1970, nearly a month prior to his REFRAD. Therefore, it appears he held the rank and grade of SGT/E-5 at the time of separation based on its effective date and there is nothing in his records that shows he was reduced between the date of his promotion and the date of his separation action. As a result, his DD Form 214 should be corrected to show his rank/grade as SGT/E-5.
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 the entries from items 5a, 5b, and 6 of his DD Form 214
* adding the entries "SGT," "E-5," and "31 Jan 70," respectively
_______ _ 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) AR20120020309
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ABCMR Record of Proceedings (cont) AR20120020309
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