IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20130021156
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as specialist five (SP5)/E-5.
2. The applicant states, in effect, he went to a promotion board while he was assigned to Vietnam. He was told he would receive promotion orders to SP5 after he arrived at Homestead Air Force Base, FL. He asked about the status of his orders after his arrival to Homestead Air Force Base. He was told his orders never arrived. He tried to go to another promotion board but was never given the opportunity.
3. The applicant provides two self-authored statements and his 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 applicant enlisted in the Regular Army on 4 September 1969 and held military occupational specialty 05H (Morse Interceptor).
3. Unit Orders Number 82, issued by Headquarters and Headquarters Company, 303rd Radio Research Battalion, Vietnam, on 4 August 1970 promoted him to specialist four (SP4) effective 27 July 1970.
4. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to:
* Vietnam from 12 July 1970 to 11 July 1971
* Homestead Air Force Base, FL, from 19 August 1971 to 3 September 1972
5. His records do not contain a recommendation for promotion or orders promoting him to E-5.
6. He was honorably released from active duty on 3 September 1972. His
DD Form 214 shows in:
* items 5a (Grade, Rate, or Rank) - SP4
* item 5b (Pay Grade) - E-4
* item 6 (Date of Rank) - 27 July 1970
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version in effect at the time stated items 5a and 5b show the rank/grade in which a member was serving at the time of separation and item 6 shows the date of rank for the grade shown in item 5a.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was promoted to SP4/E-4 on
27 July 1970. There is no evidence that he was promoted or appointed above this rank/grade between the date of this promotion and the date of separation from active duty.
2. The governing regulation provides that items 5a and 5b will show the active duty rank and pay grade at the time of the Soldier's separation; the rank is taken from the Soldiers promotion/reduction orders.
3. His record does not contain and he has not provided sufficient evidence to show his DD Form 214 incorrectly lists his rank and grade.
4. Based on the foregoing evidence, there is an insufficient evidentiary basis for granting the applicant's 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) AR20130021156
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130021156
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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