BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130003672
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 items 5a (Grade, Rate, or Rank), 5b (Pay Grade), and 6 (Date of Rank (DOR)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* His DD Form 214 shows he was discharged as a specialist four/E-4 when in fact he was a specialist five (SP5)/E-5
* He was promoted to SP5 while serving in Korea in early 1971
3. The applicant provides:
* Separation orders, dated 19 June 1971
* Letter, dated 9 February 1972
* 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
10 September 1969. He served as an artillery surveyor in Korea from January 1971 to June 1971.
3. He provides separation orders, dated 19 June 1971, which show he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) in the rank of SP5.
4. His DD Form 214 shows in:
* Item 5a - the entry "SP4" (specialist four)
* Item 5b - the entry "E-4"
* Item 6 - the entry "24 JUN 70" (24 June 1970)
5. He also provides a personal effects shipment notice, dated 9 February 1972, which shows his rank as SP5.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was promoted to E-5 while serving in Korea in early 1971.
2. The separation orders and personal effects shipment notice provided by the applicant that show his rank as SP5 are accepted as sufficient evidence on which to amend items 5a, 5b, and 6 of his DD Form 214.
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:
a. deleting the entry in item 5a of his DD Form 214 and replacing it with the entry "SP5;
b. deleting the entry in item 5b of his DD Form 214 and replacing it with the entry "E-5; and
c. deleting the entry in item 6 of his DD Form 214 and replacing it with the entry "19 JUN 71" (19 June 1971).
_______ _ 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.
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