IN THE CASE OF:
BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130002914
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 Unites States Report of Transfer or Discharge) to show his rank as sergeant (SGT)/E-5.
2. He states he made SGT/E-5 in Vietnam in 1969. His Honorable Discharge Certificate shows his rank as SGT/E-5. He needs his DD Form 214 corrected to match the certificate.
3. The applicant provides a copy of his 1 June 1974 Honorable 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 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 26 June 1968. He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) the highest grade he attained was specialist four (SP4)/E-4 with a date of rank of 20 July 1969.
4. His DD Form 214 shows he was honorably released from active duty (REFRAD) effective 25 June 1970 in the rank of SP4. He had completed 2 years of active duty service.
5. He provides a 1 June 1974 Honorable Discharge Certificate from the U.S. Army Reserve (USAR) showing his rank as SGT/E-5; however, there is no available evidence to show he was recommended for or promoted to SGT/E-5 prior to his REFRAD.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. For item 5a (Grade, Rate, or Rank), enter the rank in which serving at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his rank on his DD Form 214 should be corrected to show SGT/4E-5.
2. There is no available evidence showing he was recommended for or promoted to SGT/E-5 prior to his REFRAD. His Honorable Discharge Certificate from the USAR shows his rank as SGT/E-5 indicating he may have been promoted after he was REFRAD.
3. Therefore, there is no basis for correction of the applicant's DD Form 214.
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 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) AR20130002914
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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