IN THE CASE OF:
BOARD DATE: 5 February 2014
DOCKET NUMBER: AR20130009240
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) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* his DD Form 214 indicates an incorrect rank and pay grade
* his record should read specialist five (SP5) rather than specialist four (SP4)
* his personnel folder may not contain relevant paperwork
* he wants both his records and tombstone at a National cemetery to be correct
3. The applicant provides:
* DD Form 214
* Promotion orders
* Conduct and efficiency ratings
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 5 January 1970 for a period of 2 years. He completed his training and was awarded military occupational specialty 12B (combat engineer).
3. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was appointed to SP4 with a DOR of 31 August 1970.
4. He provides promotion orders, dated 9 June 1971, which show he was promoted to SP5 effective 9 June 1971.
5. He also provides conduct and efficiency ratings, dated 29 October 1971, which show his rank as SP5.
6. On 4 November 1971, he was honorably released from active duty.
7. His record contains the following documents, dated 4 November 1971, which show his rank as SP5:
* DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration)
* DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement)
* DA Form 3032-R (Statement of Medical Condition)
8. His DD Form 214 shows in:
* Item 5a the entry "SP4"
* Item 5b the entry "E4"
* Item 6 the entry "31 AUG 70" (31 August 1970)
DISCUSSION AND CONCLUSIONS:
The promotion orders provided by the applicant that show he was promoted to SP5 effective 9 June 1971 are corroborated by documentation in his record and 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 "9 JUN 71" (9 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.
ABCMR Record of Proceedings (cont) AR20130009240
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ABCMR Record of Proceedings (cont) AR20130009240
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