IN THE CASE OF:
BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20120022441
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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as private first class (PFC)/E-3 vice private (PV2)/E-2.
2. The applicant states he has orders showing he was promoted to the rank/grade PFC/E-3.
3. The applicant provides Unit Orders Number 36, dated 31 August 1973, and 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 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 enlisted in the Regular Army on 17 July 1972 and held military occupational specialty 13A (Field Artillery Basic).
3. His DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) he was promoted to PV2/E-2 on 27 September 1972.
4. His records do not contain evidence to indicate he was ever reduced in rank or denied a promotion.
5. His DD Form 214 shows he was honorably discharged from Fort Sill, OK, on 16 November 1973 in the rank/grade of PV2/E-2 and the date of rank (DOR) is shown as 27 September 1972. His DD Form 214 shows his last duty assignment was Battery C, 3rd Battalion, 18th Field Artillery, Fort Sill, OK.
6. He provided Unit Orders Number 36, issued by Battery C, 3rd Battalion, 18th Field Artillery, Fort Sill, OK, on 31 August 1973, which show he was promoted to the rank/grade of PFC/E-3 on 31 August 1973.
7 Army Regulation 600-200, Section II (Advancement to Pay Grade E-2 and Promotion to Pay Grades E-3 and E-4), in effect at the time, governed administrative advancement to pay grade E-2 and promotion to pay grades E-3 and E-4. Paragraph 7-10 (Promotion to PFC/E-3) states the normal time in service criterion for promotion to E-3 is established as 12 months. Normal time in grade criterion is 4 months. Promotion to E-3 is not mandatory.
DISCUSSION AND CONCLUSIONS:
The applicant appears to have met the regulatory requirements for promotion to PFC. Additionally, he provided promotion orders showing he was promoted to PFC. Therefore, he is entitled to correction of his DD Form 214 to show his correct rank/grade and DOR.
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 that all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 214:
* the rank/grade PV2/E-2 and replacing it with the rank/grade PFC/E-3
* the DOR 27 September 1972 and replacing it with the DOR 31 August 1973
_______ _ 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) AR20120022441
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ABCMR Record of Proceedings (cont) AR20120022441
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