IN THE CASE OF:
BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130006770
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 specialist fourth class (SP4)/pay grade E-4 vice private first class (PFC)/pay grade E-3.
2. The applicant states that orders were issued promoting him to SP4 (E-4) with an effective date of 26 June 1972. He was released from active duty (REFRAD) on 28 June 1972.
3. The applicant provides copies of his promotion and discharge orders 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 U.S. Army Reserve (USAR) on 7 October 1971 for a period of 6 years. He was ordered to active duty for training (ADT) on
14 January 1972. Upon completion of training he was awarded military occupational specialty 54E (Chemical Staff Specialist).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions), in part:
* PFC - Date of Rank (DOR): 3 May 1972
* SP4 - DOR: 26 June 1972
4. The applicant's DD Form 214 shows he was honorably REFRAD on 28 June 1972 and transferred to the 438th Chemical Detachment (Chemical, Biological, Radiation Center), Beaumont, TX. He completed 5 months and 15 days of net active service this period. It also shows in:
* item 5a (Grade, Rate or Rank): PFC
* item 5b (Pay Grade): E-3
* item 6 (DOR): 3 May 1972
5. In support of his application the applicant provides Student Enlisted Company, School Battalion, U.S. Army Chemical Center and School, Fort McClellan, AL, Unit Orders Number 43, dated 26 June 1972, that promoted the applicant to SP4 effective and with a DOR of 26 June 1972.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. It states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date.
a. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.
b. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show for:
(1) item 5a, enter the grade in which serving at the time of separation;
(2) item 5b, enter the pay grade; and
(3) item 6, enter the DOR for the grade shown in item 5a.
DISCUSSION AND CONCLUSIONS:
Records show the applicant was promoted to SP4/E-4 effective and with a DOR of 26 June 1972 and that he was REFRAD on 28 June 1972. However, his DD Form 214 does not show the correct rank, pay grade, or DOR that he held at the time he was REFRAD on 28 June 1972. Therefore, it would be appropriate to correct 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 deleting from his DD Form 214 the entry in:
* item 5a and adding "SP4"
* item 5b and adding "E-4"
* item 6 and adding "26 JUN 72"
_______ _ 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) AR20130006770
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