BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140013355
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 was promoted to the rank of specialist five (SP5)/E5.
2. He states he was recommended for promotion to E-5, but never received it. He explains that he was assigned to the 123d Aviation Battalion, 1st Aviation Brigade at the time he was recommended for promotion. His battalion was later attached to the Americal Division, but after his tour was completed and prior to receiving his promotion, the battalion was reassigned to the 1st Aviation Brigade.
3. He provides his promotion packet.
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 was inducted into the Army of the United States on 25 January 1968. He was honorably discharged from active duty on 30 January 1968 for immediate reenlistment in the Regular Army, which was accomplished the following day. He served in Vietnam from 20 July 1968 to
19 July 1969.
3. He provided his promotion packet that contains:
a. A DA Form 3354-R (Personal Data Sheet) that listed his primary military occupational specialty (MOS) and duty position as 68H20 (Aircraft Hydraulic Repairman). It also shows the authorized grade for the position was an E-5 and no waiver was required.
b. A DA Form 3357-R (Board Recommendation) that shows he was recommended by a three board member panel for promotion to SP5 on 11 April 1969. His average board points were listed as 116.7 with 472 administrative points for a combined total of 588.7 promotion list points.
c. A memorandum, subject: Recommendation for Promotion to Grade E-5, dated 11 April 1969, showing the adjutant approved the recommendation to promote the applicant.
4. There are no orders or evidence in the available records that show he was promoted to the rank of SP5/E-5.
5. He was honorably released from active duty on 21 January 1971 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), early separation of overseas returnees. He was credited with
2 years, 11 months, and 27 days of total active duty service. Items 5a/b (Grade, Rate or Rank/Pay Grade) of his DD Form 214 show his rank/pay grade as specialist four (SP4)/E-4. Additionally, item 6 (date of rank) of this form lists his date of rank as 21 May 1968.
6. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, provides policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. The regulation states the promotion point cutoff scores will be used to announce personnel from the current recommended lists by MOS on the first calendar day of the month in which promotions are authorized. Promotion orders will be published with future effective dates.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. This regulation stated that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Section II required the preparer to enter the active duty grade or rank and pay grade at the time of separation in item 5a and 5b and date of rank in item 6.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was promoted to SP4/E-4 on
21 May 1968. Although he provided evidence that shows he was recommended for promotion to SP5 and appeared before a promotion board, there is no evidence and he has not provided any to show that he met the cut-off score and was subsequently promoted to SP5 prior to his release from active duty. Therefore, in the absence of orders or pay records showing approval authority for promotion to SP5/E-5 with an effective date of rank, there is no basis for approving 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.
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