IN THE CASE OF:
BOARD DATE: 4 December 2014
DOCKET NUMBER: AR20140007360
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he held the rank of sergeant/pay grade E-5.
2. The applicant states he should have been promoted to the rank of sergeant/
E-5.
3. The applicant provides his DD Form 214, DD Form 47 (Record of Induction), DA Form 20 (Enlisted Qualification Record), DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), and a self-authored statement.
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 26 August 1966. He completed initial entry training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. Effective 20 January 1967, he was advanced to the rank of private first class/pay grade (PFC)/E-3.
4. On 19 April 1967, while serving in Vietnam, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ, for failure to go at the time prescribed to his appointed place of duty and willfully disobeying a lawful order. His punishment included reduction to private/pay grade E-2.
5. Special Orders Number 158, issued by Headquarters, 1st Armored Division (Old Ironsides), Fort Hood, TX, advanced him to PFC/E-3 effective 3 May 1968.
6. On 23 August 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR). He completed 1 year, 11 months, and 28 days of total active service. The DD Form 214 he was issued at the time shows in:
* Item 5a (Grade, Rate or Rank) and item 5b (Pay Grade) the entry PFC (T) and E-3, respectively
* Item 6 (Date of Rank) the entry 3 May 68
7. There are no orders in his official military personnel file (OMPF) promoting him to the rank of sergeant/E-5.
8. He provides a self-authored statement in which he contends he should have been promoted to the rank of sergeant at the same time as other Soldiers who served with him.
9. 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 that promotions of enlisted personnel, appointments, grade reductions, and grade restorations were announced in orders.
10. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of this regulation in effect at the time contained guidance for the preparation of the DD Form 214. It stated that items 5a and 5b show the active duty rank and pay grade at the time of the Soldier's separation, taken from the Soldier's promotion/reduction orders. Item 6 shows the date of rank.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request to correct his DD Form 214 to show he was separated in the rank of sergeant/E-5.
2. The applicant's DD Form 214 shows he held the rank of PFC at the time of separation. He contends he should have been promoted with his peers. There is no evidence in his records and he provides none to uphold this contention. In the absence of official orders or other documentary evidence confirming appointment or promotion to the rank of sergeant, there is insufficient evidence to correct his DD Form 214 to show this rank.
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) AR20140007360
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ABCMR Record of Proceedings (cont) AR20140007360
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