IN THE CASE OF:
BOARD DATE: 11 February 2014
DOCKET NUMBER: AR20130009758
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 his pay grade as E-5.
2. The applicant states he was promoted to pay grade E-5 two months prior to discharge. His DD Form 214 incorrectly lists his pay grade as E-4.
3. The applicant provides his DD Form 214 and a photograph.
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's records show he enlisted in the Regular Army on 19 October 1967 and he held military occupational specialty 94B (Cook).
3. On 1 March 1968, Company K, 2nd Battalion, U.S. Army Quartermaster School Brigade, Fort Lee, VA, published Special Orders (SO) Number 18 appointing him to the rank/grade of specialist four (SP4)/E-4 effective 1 March 1968.
4. He served in Germany from on or about 4 March 1968 to 28 September 1969. He was assigned to Troop L, 3rd Squadron, 2nd Armored Cavalry Regiment (ACR).
5. On 4 June 1969, his immediate commander recommended him for promotion to specialist five (SP5)/E-5.
6. On 16 June 1969, he appeared before the 3rd Squadron, 2nd ACR Promotion Board. However, by a majority, he was not recommended for promotion.
7. On 24 June 1969, he was counseled by his chain of command regarding the non-recommendation for promotion.
8. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows the highest rank/grade he held was SP4/E-4.
9. On 22 August 1969, Headquarters, 2nd Squadron, 3rd ACR published SO Number 17 awarding him the Good Conduct Medal (1st Award). These orders listed his rank as SP4.
10. On 28 September 1969, Headquarters, 2nd Squadron, 3rd ACR published SO Number 271 releasing him from active duty effective 28 September 1969. These orders listed his rank as SP5.
11. There are no orders in his service record that show he was promoted to SP5/E-5 and/or the authority and effective date of promotion.
12. He was honorably released from active duty on 28 September 1969. His DD Form 214 shows he completed 1 year, 11 months, and 10 days of active service during the period under review. It also shows in:
* Item 5a (Grade, Rate, or Rank) SP4 (Permanent (P))
* Item 5b (Pay Grade) "E-4"
* Item 6 (Date of Rank) 1 March 1968
13. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. It stated, in part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.
14. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. Chapter 2 contained guidance for preparation of the DD Form 214. Items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldier's promotion/reduction orders. Item 6 shows the date of rank.
DISCUSSION AND CONCLUSIONS:
1. The applicant was appointed to the rank/grade of SP4/E-4 on 1 March 1968. In June 1969, he appeared before a unit promotion board but he was not recommended for promotion to SP5/E-5. He was notified and counseled accordingly.
2. Aside from his separation order that shows his rank as SP5, there is nothing in his service record showing he reappeared before the promotion board, that he was recommended for promotion, or a promotion instrument (order) affecting his promotion.
3. His DA Form 20 shows the highest rank/grade he held was SP4/E-4. Promotions of enlisted personnel to grades E-5 through E-9 were announced in orders.
4. In the absence of such orders and/or the authority for this promotion, there is insufficient evidence to grant the applicant the requested relief. If the applicant can provide the promotion orders or evidence that his last month of pay was corrected due to a promotion to pay grade E-5, he may request reconsideration of his request.
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 that 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) AR20130009758
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ABCMR Record of Proceedings (cont) AR20130009758
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