IN THE CASE OF:
BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130021771
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 records to show his final rank as sergeant (SGT)/pay grade E-5.
2. The applicant states he would like to have the specialist five (SP5) rank removed from his military records and replaced with "SGT." He states he was an SGT, not an SP5, and he supervised people.
3. The applicant provides no additional evidence.
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. On 27 April 1967, he was inducted into the Army of the United States. He was awarded military occupational specialty 76Y (Unit Supply Specialist).
3. His records are void of orders promoting or appointing him to pay grade E-5.
4. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 2 (Grade) "SP5 E-5"
* item 33 (Appointments and Reductions)
* Grade "SP5 E-5 (T) [temporary]"
* Date of Rank 20 October 1968
* Authority Special Orders Number 216, Headquarters, 3d Battalion, 6th Artillery, U.S. Army Pacific
5. The DA Form 137 (Installation Clearance Record) completed in connection with his release from active duty shows his grade as "SGT E5."
6. Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 331, dated 26 November 1968, releasing the applicant from active duty show his rank as "SP5." Multiple other documents in his record show his rank as "SP5."
7. On 26 November 1968, he was honorably released from active duty. He completed 1 year and 7 months of creditable active service. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his rank/pay grade as "SP5 (T)" and "E-5" with a date of rank of 20 October 1968.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The purpose of a separation document is to provide the individual with documentary evidence of his or her military service. It is a vital record for interested government agencies which assist the veteran in obtaining the rights and benefits to which he or she is entitled. Therefore, it is important that information entered is complete and accurate. This regulation also established standardized policy for preparation of the DD Form 214 and stated for the "Grade, Rate or Rank" block, enter the grade in which serving at the time of separation, indicating whether permanent or temporary.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention is noted. However, there is insufficient evidence to support granting his request.
2. His records are void of orders promoting or appointing him to the rank of SGT.
3. His DA Form 20 shows special orders promoted him to the rank of "SP5." Most of the documents in his records showing his pay grade as E-5 list his rank as "SP5." The orders releasing him from active duty show his rank as "SP5."
4. In view of the foregoing, there is an insufficient basis for granting the applicant's request.
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) AR20130021771
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ABCMR Record of Proceedings (cont) AR20130021771
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