IN THE CASE OF:
BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140003075
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was released from active duty (REFRAD) in the rank and pay grade of Sergeant (SGT)/E-5.
2. The applicant states that he was promoted to the rank of SGT on 30 August 1971; however, his DD Form 214 shows he was REFRAD as a Specialist Four (SP4)/E-4.
3. The applicant provides copies of his promotion orders, DD Form 214, and a promotion standing list.
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 enlisted in the Regular Army on 15 August 1969 for a period of 3 years. He completed his basic training at Fort Dix, New Jersey, and his advanced individual training as a light weapons infantryman and his airborne training at Fort Benning, Georgia. He was transferred to Fort Bragg, North Carolina where he underwent training as a Special Forces medical specialist. He completed his training at Fort Sam Houston, Texas and was returned to Fort Bragg where he remained until he was transferred to Vietnam on 28 September 1970 for assignment to Company C, 2nd Battalion, 503rd Infantry Regiment as an infantryman.
3. He departed Vietnam on 19 July 1971 for assignment to Fort Campbell, Kentucky and on 30 August 1971, he was promoted to the rank of SGT E-5.
4. On 22 February 1972, he was honorably REFRAD. His DD Form 214 shows that he was REFRAD in the rank of SP4/E-4.
5. A review of his official records reveals several documents showing his rank as SGT, to include an Enlisted Evaluation Report (EER) evaluating him as a SGT. There is no evidence in his records of his having been reduced from the rank of SGT prior to his REFRAD.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to the rank of SGT E-5 on 30 August 1971 and there is no evidence to show that he was ever reduced from that pay grade.
2. Accordingly, his DD Form 214 should be corrected to show his promotion to the rank of SGT E-5 effective 30 August 1971.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
* Deleting the entries SP4 E-4 from items 5a (Grade, Rate or Rank) and 5b (Pay Grade) of his DD Form 214
* Deleting the entry 11 Feb 71 from item 6 (Date of Rank) of his DD Form 214
* Entering the entry SGT in item 5a of his DD Form 214
* Entering the entry E-5 in item 5b of his DD Form 214
* Entering the entry 30 Aug 71 in item 6 of his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140003075
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ABCMR Record of Proceedings (cont) AR20140003075
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