IN THE CASE OF:
BOARD DATE: 13 November 2014
DOCKET NUMBER: AR20140006100
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 that he was promoted to specialist four (SP4)/pay grade E-4.
2. The applicant states that he held the rank of SP4 (E-4) when he was released from active duty (REFRAD); however, his DD Form 214 shows the rank of private first class (PFC)/pay grade E-3.
3. The applicant provides a copy of his DD Form 214 and also indicates that he provided a copy of his Leave and Earnings Statement (LES): however, an LES was not provided.
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 U.S. Army on 24 July 1968. He was awarded military occupational specialty 94B (Cook).
3. His DA Form 20 (Enlisted Qualification Record) shows, in pertinent part, in
* item 2 (Grade): PFC E-3
* item 3 (Date of Rank (DOR)): 24 January 1969
* item 33 (Appointments and Reductions): PFC E-3 (Permanent), DOR 24 January 1969, per Headquarters, Fort Polk, LA, Unit Orders Number 4
* item 38 (Record of Assignments):
* Company A, 2nd Battalion, 4th Combat Support Brigade, U.S. Army Training Center, Infantry, Fort Polk, LA, from 18 November 1968 through 30 January 1969
* Company A, 122nd Signal Battalion (Korea), from 8 February 1969 through 18 February 1970
4. Headquarters, 2nd Infantry Division, Special Orders Number 33, dated
2 February 1970, assigned the applicant to the U.S. Army Transfer Station, Fort Hamilton, NY, on 21 February 1970, for separation processing. The Standard Name Line (SNL) of the orders shows his rank as PFC.
5. Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 53, dated 22 February 1970, released the applicant from active duty effective 22 February 1970. The SNL of the orders shows his rank as SP4.
6. The applicant's DD Form 214 shows he was honorably REFRAD on
22 February 1970 and transferred to a U.S. Army Reserve (USAR) Control Group (Annual Training). He had completed 1 year, 6 months, and 29 days of net active service that included 1 year, 1 month, and 19 days of foreign service. It shows in
* item 5a (Grade, Rate or Rank): PFC
* item 5b (Pay Grade): E-3
* item 6 (DOR): 24 January 1969
7. Office of The Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 06-1212972, dated 19 June 1974, honorably discharged the applicant from the USAR effective
1 July 1974. The SNL of the orders shows his rank as PFC.
8. A review of the applicant's military personnel records failed to reveal evidence of a promotion order, an entry on his DA Form 20, or promotion instrument/ certificate showing he was promoted to SP4 (E-4).
9. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. It states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions for item 5a, item 5b, and item 6 state, "Self-explanatory."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he was promoted to SP4 (E-4).
2. Records show the applicant was promoted to PFC (E-3) on 24 January 1969.
a. It is acknowledged the order, dated 22 February 1970, that released the applicant from active duty on that date indicates his rank was SP4.
b. However, there is no evidence of record that shows he was promoted to SP4 (E-4).
c. Thus, it is concluded that the rank, pay grade, and DOR shown on the applicant's DD Form 214 are correct.
3. Therefore, in view of the foregoing, there is an insufficient evidentiary basis for granting the 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) AR20140005469
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140006100
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