BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140002222
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/grade as specialist five (SP5)/E-5.
2. The applicant states, in effect, he has provided evidence to support his contention that he was discharged in the rank/grade of SP5/E-5.
3. The applicant provides:
* DD Form 214
* DA Form 2139 (Military Pay Voucher)
* DD Form 1351-2 (Travel Voucher or Subvoucher)
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 21 January 1966.
3. Special Orders Number 35, issued by Headquarters, 56th Medical Battalion, dated 28 March 1967, show he was promoted to the temporary rank/grade of specialist four (SP4)/E-4 on 28 March 1967.
4. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows the entry SP4/E-4 as the highest rank/grade he held.
5. On 9 December 1967, the applicant was honorably released from active duty (REFRAD) as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 he was issued lists his rank/grade as SP4/E-4 and his date of rank as 28 March 1967.
6. The applicant provides:
a. A DA Form 2139 for the pay period 1 through 30 November 1967. Item 11 (Remarks) states the enlisted member was promoted to E-5 on 21 October 1967, and speaks to the difference in base pay from E-4 to E-5 for the period
21 October to 31 October 1967.
b. A DD Form 1351-2, dated 9 January 1968, that shows his grade/rank as SP5/E-5. This form was rendered to account for expenses he incurred traveling from Germany to the Transition Center at Fort Knox, KY, prior to his REFRAD.
7. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It states that items 5a (Grade, Rate or Rank) and 5b (Pay Grade) will show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldiers promotion/reduction orders; and item 6 (Date of Rank) shows the date of rank.
DISCUSSION AND CONCLUSIONS:
1. The available evidence is sufficient to correct the applicant's DD Form 214 to show he was promoted to and released from active duty in the rank of SP5/E-5.
2. The applicant provides two documents which list his rank/grade as he requests and show that he received payment in the rank/grade of SP5/E-5. One of the documents shows the applicant was promoted to E-5 on 21 October 1967, and that he received back pay for this promotion. The promotion is further corroborated by the presence of the DA Form 1351-2 which shows he was reimbursed his travel pay at the SP5/E-5 rate.
3. In light of the foregoing, the applicant is entitled to the requested relief.
BOARD VOTE:
___X_____ __X______ _X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending items 5a, 5b, and 6 of his DD Form 214 to show "SP5, E-5, 21 Oct 67," respectively.
_________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) AR20140002222
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ABCMR Record of Proceedings (cont) AR20140002222
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