IN THE CASE OF:
BOARD DATE: 11 June 2013
DOCKET NUMBER: AR20120020785
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 his rank be corrected to show specialist five (SP5) on two certificates of appreciation, a DA Form 1811 (Physical and Mental Status on Release from Active Service), and an award certificate for the Bronze Star Medal.
2. The applicant states:
a. his awards and certificates show his rank as specialist four (SP4) but his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge ) shows his rank as SP5.
b. the awards should state the same rank as his DD Form 214.
3. The applicant provides:
* Two certificates of appreciation
* DA Form 1811
* Award certificate for the Bronze Star Medal
* 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 was inducted into the Army of the United States on 18 August 1970. He completed his training and was awarded military occupational specialty 31E (field radio repairman). He served in Vietnam from 3 June 1971 to 17 March 1972. On 19 March 1972, he was honorably released from active duty in the rank of SP5 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. His DD Form 214 shows in:
* Item 5a (Grade, Rate or Rank) the entry "SP5
* Item 5b (Pay Grade) the entry "E-5
* Item 6 (Date of Rank) the entry "8 FEB 72" (8 February 1972)
4. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was appointed to SP4 effective 15 January 1971.
5. There are no orders in the available records which show he was appointed to SP5.
6. The documents (two certificates of appreciation, DA Form 1811, and award certificate for the Bronze Star Medal) provided by the applicant show his rank as SP4.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to amend his rank to show SP5 on the documents he provided was noted.
2. It appears he may have been promoted to SP5 prior to his release from active duty and the orders never made it to his military service records; however, without the promotion orders or pay records the DD Form 214 itself is not sufficient to confirm he was promoted to SP5. Therefore, there is insufficient evidence on which to grant the requested relief.
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) AR20120020785
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120020785
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110023898
His DA Form 20 (Enlisted Qualification Record) shows the following entries: * item 2 (Grade) and item 3 (Date of Rank) are penciled in with the entries "SP4" and "1 February 1969" * item 33 (Appointments and Reductions) shows his highest rank/grade as SP4/E-4 * item 39 (Record of Assignment) shows he was transferred to the U.S. Army Hospital in Japan in a patient status on 2 April 1969 and to St. Albans, NY, on 30 April 1969 * item 40 (Wounds) shows he suffered multiple fragment wounds to...
ARMY | BCMR | CY2010 | 20100007816
The applicant's DA Form 20 (Enlisted Qualification Record) provides the following information: * service in Vietnam from 25 March 1970 through 25 February 1971 with 327th Transportation Detachment, 101st Airborne Division * conduct and efficiency ratings of exclusively "excellent" * participation in one campaign * award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar...
ARMY | BCMR | CY2009 | 20090011880
The applicant requests that items 5a (Grade, Rate or Rank) and 5b (Pay Grade) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show specialist five (SP5)/E-5 instead of specialist four (SP4)/E-4. In the absence of promotion orders to SP5, there is insufficient evidence on which to amend items 5a and 5b on his DD Form 214. ___________X______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the...
ARMY | BCMR | CY2012 | 20120010015
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. The letter of commendation lists his rank as SP5. 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...
ARMY | BCMR | CY2010 | 20100009937
IN THE CASE OF: BOARD DATE: 9 September 2010 DOCKET NUMBER: AR20100009937 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicants record also contains the following documents prepared during his separation processing, all dated 29 May 1970, that list his rank and pay grade as SP5/E-5: * DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement) * DA Form 1811 (Physical and Mental...
ARMY | BCMR | CY2008 | 20080018649
Headquarters, 23rd Infantry Division (Americal) Special Orders Number 212, dated 31 July 1971, promoted the applicant to specialist four (SP4)/pay grade E-4, withdrew his MOS of 64A1O, and awarded him MOS 63B2O. Headquarters, 3rd Battalion, 82nd Field Artillery, Promotion Standing List, dated 24 January 1972, provided by the applicant, lists the applicant in promotion standing to E-5 and shows his MOS as 13E2O and date selected as 23 January 1972. In order to justify correction of a...
ARMY | BCMR | CY2013 | 20130015267
There are no orders in his record that show he was promoted to SP5/E-5. Although his company commander may have been issued him a certificate of achievement on 21 June 1971 and addressed him as SP5, there is no available evidence that shows he was ever actually promoted to that rank prior to his separation. ______________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.
ARMY | BCMR | CY2014 | 20140002940
The applicant requests reconsideration of his earlier request to correct 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 instead of specialist four (SP4)/E-4. There are no orders in the available records that show he was promoted to SP5/E-5. Therefore, there is insufficient evidence on which to base the requested relief.
ARMY | BCMR | CY2010 | 20100019239
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to: * delete from items 5a, 5b, and 6 the entries "SP4 (T)," "E-4,"...
ARMY | BCMR | CY2011 | 20110020164
Item 2 (Service Number) shows his service number as RAXXXXX022. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal and SPS M-16 entries from item 24 of his DD Form 214; and c. adding to item 24 of his DD Form 214 the: * Meritorious Unit Commendation * Vietnam Service Medal with four bronze service stars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) *...