IN THE CASE OF:	  

		BOARD DATE:	  9 December 2014

		DOCKET NUMBER:  AR20140007220 


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, in effect, promotion to specialist four (SP4)/E-4. 

2.  The applicant states:

* he worked in the Amputee Ward, Emergency Room (ER), at Fort Leonard Wood, MO in 1971 and he was a private first class (PFC)/E-3
* he was ordered to put on SP4 rating by his ward, Sergeant (SGT) Taylor, and the SGT told him he would take care of the paperwork; he then changed all his ratings on his uniform patches and color ranks
* SGT Taylor told him his rating change was due because Soldiers entering the ER would not listen to a PFC/E-3
* After he was discharged from the Army in 1972, his rating was dropped to PFC/E-3

3.  The applicant provides:

* Chronological Record of Medical Care, dated 27 December 1971
* DA Form 2496 (Disposition Form), dated 6 September 1972

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's records show he enlisted in the Regular Army in the rank/grade of private/E-1 on 4 August 1971.  He was trained in and awarded military occupational specialty 72C (Telecommunications Switch Board Operator).  He was advanced to the rank/grade of PFC/E-3 on 8 December 1971 while at Fort Gordon, GA.

3.  On 23 December 1971, he was admitted to St. John's Hospital, Joplin, MO following a hunting accident.  He suffered a shotgun wound to the left hand.  He was assigned or attached to the Medical Hold Company, U.S. Army Hospital, Fort Leonard Wood, MO. 

4.  On 12 July 1972, a medical evaluation board (MEB) convened and found him medically unfit due to multiple conditions.  The MEB referred him to a physical evaluation board (PEB).  The MEB Proceedings show his rank as PFC.  

5.  On 31 August 1972, a PEB considered his condition(s) and rated his disabilities at a combined rating of 40 percent.  The PEB recommended his permanent retirement.  He concurred.  The PEB Proceedings listed his rank as PFC. 

6.  On 8 November 1972, Headquarters, Department of the Army directed his permanent retirement effective 22 November 1972 and placement on the Retired List in the grade of PFC effective 23 November 1972 with a 40 percent disability rating.   

7.  On 8 November 1972, Headquarters, Fort Leonard Wood, MO, published Letter Orders D11-349 permanent retiring him effective 22 November 1972 and placing him on the Retired List in the grade of PFC effective 23 November 1972 with a 40 percent disability rating, in accordance with Title 10, U.S. Code, section 1201. 

8.  He was retired on 22 November 1972 and placed on the Retired List in his retired grade of PFC on 23 November 1972.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) listed his rank/grade as PFC/E-3 and his date of rank as 8 December 1971.  He completed 1 year, 3 months, and 19 days of active service. 

9.  His records do not contain orders promoting or advancing him to SP4/E-4.  Additionally, his DA Form 20 (Enlisted Qualification Record) lists the rank/grade of PFC/E-3, effective 8 December 1971, as the highest rank/grade he held.  

10.  He provides:

	a.  A chronological record of medical care, dated 27 December 1971, showing he was hospitalized from 27 December 1971 to 8 September 1972.  His rank is shown as SP4. 

	b.  DA Form 2496, dated 6 September 1972, Subject: Request for permanent change of station move listing his grade as SP4. 

11.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 contained Army-wide promotion policy and procedures.  It stated, in part, that the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders.  

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 states, in part, that items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders; and item 6 shows the date of rank.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that at the time of his retirement on 22 November 1972, the applicant held the rank/grade of PFC/E-3.  His record is void of any orders promoting, advancing, or appointing him to SP4/E-4, and his DA Form 20 does not show an entry for a promotion and/or appointment to E-4. 

2.  Notwithstanding the medical document and DA Form 2496 he provides (both listing his rank as SP4), promotions of enlisted personnel were announced in orders.  In the absence of such orders and/or the authority for this promotion, there is insufficient evidence to grant the applicant the requested relief.  If the applicant can provide the promotion orders or evidence that his last month of pay was corrected due to a promotion to pay grade E-4, he may request reconsideration of his request.

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)                                         AR20140007220





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140007220



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1