IN THE CASE OF:
BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130020113
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 of sergeant (SGT)/E-5 as permanent.
2. The applicant states his DD Form 214 shows his rank of SGT/E-5 as temporary. His promotion to SGT/E-5 was permanent effective 4 October 1969 by authority of Army Regulation 140-158 (Army Reserve Enlisted Personnel Classification, Promotion, and Reduction), paragraph 5.
3. The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record).
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 on 4 October 1967. He completed basic training at Fort Jackson, South Carolina, and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana, before being transferred to Vietnam on 29 March 1968.
3. He was promoted to the rank of SGT on 10 March 1969 and departed Vietnam on 24 March 1969 for assignment to Fort Hood, Texas. He remained at Fort Hood until he was honorably released from active duty (REFRAD) on 3 October 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His rank of SGT became permanent on 4 October 1969, the day after his REFRAD.
4. Army Regulation 635-5 (Separation Documents), in effect at the time, served as the authority for preparation of the DD Form 214. It provided that the DD Form 214 would reflect information that was in effect at the time of separation or discharge. Information that occurred subsequent to the date of discharge would not be entered retroactively on that form.
DISCUSSION AND CONCLUSIONS:
1. The applicant was honorably REFRAD on 3 October 1969. His rank of SGT was still temporary at the time his DD Form 214 was issued.
2. Since his rank did not become permanent until the day following his REFRAD, his DD Form 214 correctly shows his rank as temporary.
3. Therefore, there is no error or injustice and no basis to grant his request to have his DD Form 214 changed to record a subsequent event.
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) AR20130020113
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ABCMR Record of Proceedings (cont) AR20130020113
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