IN THE CASE OF:
BOARD DATE: 20 February 2014
DOCKET NUMBER: AR20130010681
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that his rank and grade was SP5/E-5.
2. The applicant states that at the time of his discharge he was serving in the rank of SP5.
3. The applicant provides copies of his DD Form 214 and 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 enlisted in the regular Army on 9 January 1967 for a period of 3 years and training as a microwave radio equipment repairman. He completed his basic training at Fort Benning, Georgia and his advanced individual training at Fort Monmouth, New Jersey before being transferred to Vietnam on 20 January 1968. He was advanced to the pay grade of E-4 on 12 March 1968.
3. The applicants records failed to reveal promotion orders or entries promoting him to the pay grade of E-5; however, documents contained in his records dated 19 August 1969 and later show his rank as SP5.
4. He departed Vietnam on 25 August 1969 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on 27 August 1969 as an overseas returnee. He had served 2 years, 7 months and 19 days of active service and his DD Form 214 reflects that his rank and pay grade as SP4 E4. However, his separation orders reflect his rank as SP5.
DISCUSSION AND CONCLUSIONS:
1. Although there are no orders in the available records showing he was promoted to the rank of SP5, documents in his records dated 19 August 1969 and later show that his rank and grade is SP5/E-5.
2. Therefore, it is reasonable to presume that he was promoted to the pay grade of SP5 E-5 just prior to his departure from Vietnam which resulted in his orders not making it to his records.
3. Accordingly, his DD Form 214 should be corrected to show that his rank was SP5, his pay grade was E-5 and his Date of rank was 19 August 1969.
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 the entries SP4 (P) E-4 12 Mar 68 in items 5a, 5b and 6 of his DD Form 214
* Entering the entry SP5 E-5 19 Aug 69 in items 5a, 5b and 6 of his DD Form 214
__________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) AR20130010681
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ABCMR Record of Proceedings (cont) AR20130010681
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