IN THE CASE OF:
BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130015772
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 records to show he was promoted to the rank of sergeant (SGT)/pay grade E-5.
2. The applicant states he was serving in the rank of specialist four (SP4)/pay grade E-4 in June 1971 when he passed an oral examination at a promotion review board in the Republic of Vietnam. However, the promotion order was not published until 17 January 1972, which was the same date he was separated from the Army.
3. The applicant provides no documentary evidence in support of his request.
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 was inducted into the U.S. Army on 15 July 1970. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. item 22 (MOS): 11B2O, Light Weapons Infantryman, 5 December 1970;
b. item 31 (Foreign Service), he served in Vietnam from 2 January 1971 through 13 November 1971; and
c. item 33 (Appointments and Reductions), in part, specialist four/E-4 - Date of Rank (DOR): 10 May 1971.
4. Headquarters, 198th Infantry Brigade, 23d Infantry Division, letter, dated
20 October 1971, subject: Recommendation for Promotion to Grade E-5 and
E-6, and the enclosed Recommended List for Promotion of Enlisted Personnel, show the applicant was recommended for promotion to E-5 in MOS 11B4O consistent with promotion policy governing MOS position vacancies and quotas.
5. The applicant was reassigned to Headquarters and Headquarters Company, U.S. Army Garrison, Fort Carson, CO, on 20 December 1971.
6. Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, Special Orders Number 14, dated 14 January 1972, promoted the applicant to sergeant (SGT)/E-5 in primary MOS (PMOS) 11B4O, effective 13 December 1971.
7. The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty (REFRAD) on 17 January 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation. He had completed 1 year, 6 months, and 3 days of net active service this period. It also shows in:
* item 5a (Grade, Rate or Rank): SP4
* item 5b (Pay Grade): E-4
* item 6 (DOR): 10 May 1971
* item 23a (Specialty Number and Title): 11B2O, Light Weapons Infantryman, 5 December 1970, Evaluation Score (ES): None
8. 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;
(3) item 6, enter the DOR for the grade shown in item 5a; and
(4) item 11, enter PMOS code number, title, date of award, and PMOS evaluation score (ES); if no PMOS ES enter "None."
DISCUSSION AND CONCLUSIONS:
1. Records show that special orders were published on 14 January 1972 promoting the applicant to SGT/E-5 in PMOS 11B4O effective 13 December 1971. Records also show he was REFRAD 3 days after the promotion orders were published.
2. The applicant's DD Form 214 does not show the correct rank, pay grade, DOR, or PMOS that he held at the time he was REFRAD on 17 January 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 "SGT"
* item 5b and adding "E-5"
* item 6 and adding "13 December 1971"
* item 23a and adding "11B4O, Light Weapons Infantryman, 5 December 1970, ES: None"
_______ _ __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) AR20130015772
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ABCMR Record of Proceedings (cont) AR20130015772
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