BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130018706
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 private first class (PFC)/E-3 vice private (PV2)/E-2.
2. The applicant states his rank at discharge should show PFC.
3. The applicant provides a letter from the Office of the Adjutant General, dated 19 June 1972.
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 Army of the United States in the rank/grade of private PVT//E-1 on 14 January 1971. He held military occupational specialty 95B (Military Policeman).
3. On 15 August 1971, while assigned or attached to the Medical Holding Company (MHC), Walter Reed Army Medical Center (WRAMC), he underwent a medical evaluation board (MEB) that referred him to a physical evaluation board (PEB). His MEB Proceedings listed his rank as PV2.
4. On 26 November 1971, the PEB rated his medical condition (neurological) at a 30 percent disability rating and recommended his placement on the temporary disability retired list (TDRL). He concurred. His PEB Proceedings listed his rank as PV2.
5. His DA Form 20 (Enlisted Qualification Record) shows:
* he was advanced to PV2/E-2 on 14 June 1971
* he was advanced to PFC/E-3 on 7 December 1971, by authority of Special Orders Number 18, issued by the MHC, WRAMC
6. On 16 December 1971, by Order of the Secretary of the Army, the Adjutant General published Letter Orders Number D12-625 placing him on the TDRL in the rank of PV2, effective 31 December 1971.
7. He retired on 30 December 1971 and he was placed on the TDRL on 31 December 1971. His DD Form 214 shows he retired by reason of disability. He completed 11 months and 17 days of active service during this period. His DD Form 214 also shows in:
* items 5a (Grade, Rate or Rank) and 5b (Pay Grade) the entries PV2 and E-2
* item 6 (Date of Rank) the entry 15 June 1971
8. On 19 June 1972, the Adjutant General published Letter Orders Number
D6-1141 amending Letter Orders Number D12-625, dated 16 December 1971, pertaining to the applicant's retirement to show his rank as PFC vice PV2.
9. On 3 April 1973, Office of the Adjutant General, Disability Section and Branch published Letter Orders Number D4-94 removing him from the TDRL on 30 April 1973 and permanently retiring him in the rank of PFC, by reason of permanent disability.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2, in effect at the time, stated that items 5a and 5b would show the active duty rank/pay grade and date of rank at the time of the Soldier's separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant underwent disability processing at the MHC, WRAMC in the rank/grade of PV2/E-2. By the time he had been advanced to PFC/E-3 on 7 December 1971, the PEB had completed the adjudication of his case in the rank of PV2. As such his DD Form 214 reflected the rank/grade of PV2/E-2.
2. Although the Adjutant General took corrective action in that he issued amendment orders to reflect his retired grade as PFC, his DD Form 214 was never corrected. Therefore, he is entitled to correction of his DD Form 214 to show his rank and grade and date of rank as PFC, E-3, and 7 December 1971 respectively.
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 items 5a and 5b of his DD Form 214 the entries "PV2" and "E-2" and replacing them with the entries "PFC" and "E-3," respectively
* deleting from item 6 of his DD Form 214 the entry "6 June 1971" and replacing it with the entry "7 December 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.
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