IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130019995
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank and grade as sergeant (SGT)/E-5.
2. The applicant states that although he was promoted to reconnaissance SGT in June 1969 it was never reflected on his DD Form 214.
3. The applicant provides:
* Standard Form 88 (Report of Medical Examination)
* DD Form 1380 (U.S. Field Medical Card)
* DD Form 214
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 applicants record shows he was inducted into the Army of the United States, on 19 May 1968, in the rank of private (PVT)/E-1. He was trained in and awarded military occupational specialty (MOS) 13B (Field Artillery Crewman).
3. His DA Form 20 (Enlisted Qualification Record) shows, in Item 33 (Appointments and Reductions), that he was promoted to the rank of corporal (CPL)/E-4, on 11 March 1969, and that this was the highest rank he held. Item 38 (Record of Assignments) shows he served in the position of reconnaissance sergeant beginning on 8 December 1969.
4. His official military personnel file (OMPF) does not contain an order or any other document to show he was ever promoted or recommended for promotion to the rank and grade of SGT/E-5 at anytime during his tenure on active duty.
5. His OMPF includes Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington, Special Orders Number 347, dated 23 December 1969. These orders show the applicant was released from active duty (REFRAD) in the grade of E-4 on 13 December 1969.
6. On 13 December 1969, the applicant was honorably REFRAD under the provisions of Section VII, Army Regulation 635-200, by reason of overseas returnee. His DD Form 214 shows held the rank and grade of CPL/E-4.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation in effect at the time of the applicants discharge states that the grade held by the individual at the time of separation will be entered on the separation document.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he held the rank and grade of SGT/E-5 at the time of discharge. However, there is insufficient evidence to support this claim.
2. The applicant's DA Form 20 confirms he was last promoted to the rank and grade of CPL/E-4. Accordingly, this is the same rank and grade listed on his DD Form 214. While his DA Form 20 also shows he served in the position of "Recon SGT," there is no evidence to show he was ever promoted to or actually held the rank of SGT/E-5. Absent any documentary evidence confirming he held the rank of SGT/E-5 at the time of his REFRAD, there is an insufficient evidentiary basis to support granting 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 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) AR20130019995
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