BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140014692
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 his rank/grade as specialist five (SP5)/E-5.
2. The applicant states, in effect, he believes the error occurred because he was promoted relatively close to his date of release from active duty. He realized the mistake earlier and he was told it would be corrected; however, it was never properly amended. Recently his son has asked about his service in the Army and he would like the error corrected for his son.
3. The applicant provides orders.
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 15 November 1965. After completing initial training, he was awarded military occupational specialty 91B (Medical Corpsman). He served in Vietnam from on or about 1 December 1966 to 3 November 1967. While in Vietnam he was assigned to Headquarters and Headquarters Company, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division.
3. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows the highest rank/grade he held was specialist four (SP4)/E-4 (Temporary (T)), with the highest permanent (P) rank of private first class (PFC)/E-3.
4. SO Number 284, dated 11 October 1967, issued by Headquarters,
9th Infantry Division shows the applicant's rank/grade as SP4/E-4.
5. He was honorably released from active duty on 4 November 1967. His
DD Form 214 shows 1 year, 11 months, and 20 days of net active creditable service. It also shows in:
* item 5a (Grade, Rate, or Rank), SP4 (T)
* item 5b (Pay Grade), E-4
* item 6 (Date of Rank), 20 March 1967
* item 30 (Remarks), the statement "Item 5a - PFC E-3 (P) APTD [appointed date]: 2 FEB 67"
6. His records contain and the applicant provides:
* LO Number 10-123, dated 13 October 1967, issued by Headquarters, 9th Infantry Division, showing the applicant's rank as SP5/E-5
* SO Number 308, dated 4 November 1967, issued by Headquarters, U.S. Army Personnel Center, showing the applicant's rank as SP5/E-5
7. The applicant provides SO Number 272, dated 29 September 1967, issued by Headquarters, 9th Infantry Division that shows he was promoted to the rank/grade of SP5/E-5 (T), effective on this date.
DISCUSSION AND CONCLUSIONS:
The applicant contends he was promoted to SP5/E-5 prior to his departure from Vietnam and release from active duty. Although his records do not contain orders which support this contention, he has provided orders showing he was, in fact, promoted to SP5/E-5 on 29 September 1967, a date prior to his release from active duty. Based upon this evidence, it would be appropriate to correct his DD Form 214 to show his rank/grade as SP5/E-5 (T), effective 29 September 1967, and to show his permanent rank/grade as SP4/E-4 with an APTD of
20 March 1967.
BOARD VOTE:
___X_____ ___X_____ _X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 entry in item 5a of his DD Form 214 and adding "SP5 (T)"
* deleting the entry in item 5b of his DD Form 214 and adding the entry
"E-5"
* deleting the entry in item 6 of his DD Form 214 and adding a date of rank of 29 September 1967
* entering in item 30 the following statement: "Item 5a - SP4 (P) APTD: 20 MAR 67"
_______ _ 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) AR20140014692
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ABCMR Record of Proceedings (cont) AR20140014692
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