IN THE CASE OF:
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20130022082
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 staff sergeant (SSG)/E-6 vice sergeant (SGT)/E-5.
2. The applicant states, in effect, he went before the promotion board and he "made E-6." He was discharged under the early release program and had already been released from active duty at the time his orders "came down." His first sergeant (1SG) sent him some paperwork showing he "passed" the promotion board. His 1SG also stated the paperwork would be included as part of his military records. He passed the promotion board and believes he is entitled to correction of his DD Form 214 to show his proper rank.
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. The applicant was inducted into the Army of the United States on 1 May 1969. He was discharged on 6 May 1969 and he enlisted in the Regular Army on 7 May 1969. He served in military occupational specialties 72C (Telephone Switchboard Operator) and 00F (Drill Sergeant).
3. His DA Form 20 (Enlisted Qualification Record) shows he was promoted to SGT on 17 February 1971; however, there are no entries that reference his promotion to SSG.
4. His record contains a DA Form 2166-4 (Enlisted Efficiency Report), dated
6 July 1971, which shows his rank as SGT and his date of rank as 17 February 1971. His rater stated in the rater comments portion of this form that the "[Applicant] Does [an] outstanding Job
[He] Should be promoted as soon as possible."
5. His record does not contain any evidence that shows he appeared before a SSG promotion board. Additionally, his record does not contain any orders that show he was promoted to SSG.
6. He was honorably released from active duty on 22 December 1971. His
DD Form 214 shows his rank/grade as SGT/E-5.
7. Army Regulation 635-5 (Separation Documents) at the time established 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 SGT/E-5 on
17 January 1971. There is no evidence he was promoted above this rank/grade at any time.
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) AR20130022343
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130022082
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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