IN THE CASE OF:
BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140002861
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 final rank as sergeant (SGT)/pay grade E-5.
2. The applicant states his rank should be listed as "SGT" on his DD Form 214. He further states that his former wife had passed away and "they" used information on record that showed his rank as specialist five (SP5)/E-5.
3. The applicant provides 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. On 8 November 1965, the applicant enlisted in the Regular Army.
3. His records contain Headquarters, Special Troops, Fourth U.S. Army, Special Orders Number 164 Extract, dated 10 September 1968, showing he was promoted to the temporary rank of SGT.
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 10 September 1968
* Authority Special Orders Number 164, Headquarters, Special Troops, Fourth U.S. Army
5. Headquarters, Fort Sam Houston, Special Orders Number 252, 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."
6. On 6 December 1968, he was honorably released from active duty. He completed 3 years and 29 days of creditable active service. His DD Form 214 shows his rank/pay grade as "SP5 (T)" and "E-5" with a date of rank of 10 September 1968.
7. U.S. Army Reserve Personnel and Administration Center Letter Orders Number 10-1244033, dated 27 October 1971, honorably discharged him effective 7 November 1971. The orders show his rank as "SGT."
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 was carefully considered and appears to have merit.
2. His DA Form 20 shows special orders promoted him to the rank of "SP5." Multiple documents in his records including the orders releasing him from active duty show his rank as "SP5."
3. However, his records contain Special Orders Number 164 Extract showing he was promoted to the temporary rank of SGT. Therefore, it appears his rank should be shown as "SGT (T)" on his DD Form 214.
4. In view of the foregoing, the applicant is entitled to have his records corrected as recommended below.
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 item 5a (Grade, Rate or Rank) of his DD Form 214 to show "SGT (T)."
_______ _ 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) AR20140002861
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ABCMR Record of Proceedings (cont) AR20140002861
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