BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20140001766
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 as sergeant (SGT) and not specialist four (SP4).
2. The applicant states, in effect, that he was promoted to SGT/E-5 in the Republic of Vietnam (RVN). His evidence will show that he was a SGT/E-5; therefore, the failure to record his pay grade on his DD Form 214 was simply an oversight.
3. The applicant provides:
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* photograph
* Bronze Star Medal Citation
* Air Medal with First Oak Leaf Cluster Citation
* Florida Department of Veterans' Affairs identification card
* Department of Defense/Uniformed Services Identification Card
* an article from the Woonsocket Call Newspaper, dated 17 July 1968
* National Personnel Records Center letter, dated 23 October 2002
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. He was inducted into the Army of the United States on 4 October 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows he was promoted to the temporary rank of SP4, pay grade E-4, on 12 November 1967.
4. On 3 October 1968, he was honorably released from active duty. He completed 2 years of active service.
5. His DD Form 214 shows his rank in:
* item 5a (Grade, Rate or Rank) as SP4 (Temporary)
* item 30 (Remarks) contains the entry, "ITEM 5A DATE OF APT PFC E3 (P) 21 MAR 67." This entry indicates the applicant held the permanent rank of private first class and pay grade of E-3 at the time of his separation
6. His record is void of any recommendation for promotion or orders promoting him to SGT/E5.
7. The applicant provides a newspaper article that identifies him as a SGT, a photograph of a Soldier, which he identifies as himself, wearing an Army uniform with the SGT rank insignia, and a military identification card that shows his pay grade as E-5. In addition, he provides award citations that show his rank as SP4 as of March 1968.
8. Army Regulation 600-200 (Enlisted Personnel Management), chapter 7, in effect at the time, contained Army-wide promotion policy and procedures. It stated that the promotion of enlisted personnel to grades E-5 through E-9, appointments, grade reductions, and grade restorations were announced in routine orders.
b. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the active duty rank and pay grade at the time of separation will be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows that he held the permanent rank/pay grade of PFC/E-3 and the temporary rank/pay grade of SP4/E-4 on the date he was released from active duty. Further, his record is void of any orders promoting him to SGT/E-5. The photograph and newspaper article are insufficient evidence in which to correct his record without official orders. His DD Form 214 appears to correctly reflect both his temporary and permanent rank.
3. In view of the foregoing, 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) AR20140001766
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