IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130019236 


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 he was separated in the rank of sergeant (SGT) vice specialist five (SP5). 

2.  The applicant states he was never a specialist.  He was given the rank/grade of SGT/E-5. 

3.  The applicant provides:

* DD Form 214, ending on 11 May 1965
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* DA Form 8-238 (MSA-Invoice and Receipt)
* Standard Form 1012a (Travel Voucher - Memorandum)

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 November 1961 and he held military occupational specialty (MOS) 111.00 (Light Weapons Infantryman).  He was honorably discharged in the rank/grade of private/E-2) on 30 May 1962 for the purpose of reenlistment. 

3.  He reenlisted in the Regular Army on 31 May 1962.  He subsequently served in Germany from April 1962 to May 1965.  He was assigned to the 2nd Battalion, 34th Infantry Regiment. 

4.  Special Orders (SO) Number 171, issued by Headquarters, 24th Infantry Division (Mechanized) on 29 June 1963 advanced him to the rank/grade of specialist four (SP4)/E-4 (Temporary (T)).

5.  SO Number 94, issued by Headquarters, 24th Infantry Division (Mechanized) on 3 April 1964 advanced him to the rank/grade of SP5/E-5 (T).  Item 32 (Classification in Military Occupational Specialties) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 941.10 (Cook) on 3 April 1964.

6.  On 3 April 1965, he was appointed to the permanent rank/grade of SP5/E-5 (P) in accordance with Army Regulation 624-200 (Appointment and Reduction of Enlisted Personnel).

7.  Section 1 (Appointments, Promotions, and Reductions) of his DA Form 24 (Service Record) shows he was promoted to SP5/E-5 (T) on 3 April 1964 and SP5/E-5 (P) on 3 April 1965.  

8.  Item 2 (Grade) of his DA Form 20 also shows his grade as SP5/E-5.  Item 33 (Record of Assignments) of this form shows his MOS as 941.10 beginning on     2 January 1964. 

9.  He was honorably released from active duty on 11 May 1965 and he was assigned to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligations.  His DD Form 214 for this period of service shows in:

* Item 3a (Grade, Rate or Rank) - SP5/E-5 see item 32 (Remarks)
* Item 3b (Date of Rank) - 3 April 1964
* Item 25a (Specialty Number and Title) - 941.10 Cook
* Item 32 - Date of Appointment: 3 April 1965

10.  On 20 July 1965, Headquarters, Department of the Army published SO Number 140 releasing him from assignment to the USAR Control Group (Reinforcement).  The orders listed his rank/grade as SP5/E-5. 

11.  He provides a DA Form 8-238, dated 29 March 1965, and Standard Form 1012a, dated 19 May 1965, both of which listed his rank/grade as SGT/E-5. 

12.  Army Regulation 624-200, effective 1 July 1962, section III, governed the temporary appointment of enlisted personnel of the active Army to pay grades   E-4 through E-9 made against periodic temporary appointment quota allocations issued by Headquarters, Department of the Army.  Army Regulation 624-200 was superseded by chapter 7 of Army Regulation 600-200 (Enlisted Personnel Management System), effective March 1965.  Paragraphs 7-13 and 7-14 of Army Regulation 600-200 provided the same guidance as noted in Army Regulation 624-200.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was advanced to the rank/grade of SP5/E-5 (T) on 3 April 1964. It appears he was promoted to fill a vacancy in MOS 941.10, and it appears that MOS 941.10 was not authorized an NCO grade.  He was appointed to the rank/grade of SP5/E-5 (P) on 3 April 1965.  He contends that he was never a specialist.  However, all evidence in his records clearly shows his rank was SP5, not SGT. 

2.  The travel vouchers he provides listed his rank as SGT.  However, this listing would have been in response to what he identified himself as, and perhaps he was an acting SGT, but it is not what his records reflected.  

3.  In the absence of a promotion/advancement instrument (order) to SGT, there is insufficient evidence to grant him 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 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)                                         AR20130019236





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ABCMR Record of Proceedings (cont)                                         AR20130019236



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