IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130014149
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 rank/grade as specialist four (SP4)/E-4 instead of private first class (PFC)/E-3.
2. The applicant states he was promoted to SP4 on the date of discharge.
3. The applicant provides no additional evidence.
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 in the rank/grade of private/E-1 on 21 June 1974. He was trained in and held military occupational specialty 64C (Motor Transport Operator).
3. A memorandum from Company A, 2d Battalion, 3d Basic Combat Training Brigade, Fort Ord, CA, dated 12 August 1974, subject: Accelerated Advancement to Private E-2 (PV2), announced his advancement to private/E-2 effective 15 August 1974.
4. Company B, 2d Battalion, 3d Advanced Individual Training Brigade, Fort Ord, CA, Unit Orders Number 41, dated 17 September 1974, promoted him to
PFC/E-3 effective 19 September 1974.
5. On 25 October 1974, he was assigned to the 603rd Transportation Company, Fort Polk, LA.
6. Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, Special Orders Number 220, dated 8 August 1975, discharged him from active duty effective 11 August 1975. His rank is shown as PFC in the standard name line.
7. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record Part II) shows the rank of PFC effective 19 September 1974 as the highest rank he held.
8. His records do not contain promotion/advancement orders to SP4/E-4.
9. He was honorably discharged on 11 August 1975. His DD Form 214 shows in:
* item 6a (Grade, Rate, or Rank) PFC
* item 6b (Pay Grade) E-3
* item 7 (Date of Rank) 19 September 1974
10. 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 the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders.
11. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance for preparation of the DD Form 214. It stated items 6a and 6b would show the active duty rank and pay grade at the time of the Soldier's separation. The rank was taken from the Soldier's promotion/reduction orders. Item 7 would show the date of rank.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was advanced to PFC/E-3 on 19 September 1974. There are no orders in his service records and he provides none to confirm his promotion/advancement to SP4/E-4 prior to his discharge on 11 August 1975. His DA Form 2-1 shows PFC was the highest rank he attained.
2. In the absence of documentary evidence, such as promotion orders, memorandum/endorsement, leave and earnings statement showing receipt of
E-4 pay, or any other documentary evidence confirming he was promoted or advanced to the rank of SP4/E-4, there is insufficient evidence to grant him the requested relief.
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 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) AR20130014149
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ABCMR Record of Proceedings (cont) AR20130014149
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