BOARD DATE: 30 April 2015
DOCKET NUMBER: AR20140014694
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 (Report of Separation from Active Duty) to show his rank and pay grade as sergeant (E-5).
2. The applicant states he was promoted to pay grade E-5 sometime in 1975; however, his DD Form 214 shows his rank and pay grade as specialist four (E-4).
3. The applicant provides a copy of his DD Form 214 and a Fax Transmittal Sheet.
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 enlisted in the Regular Army for 3 years on 14 September 1972, in pay grade E-1. He completed training as an equipment maintenance clerk.
3. He was promoted to pay grade E-2 on 14 January 1973, pay grade E-3 on 8 February 1973, and pay grade E-4 on 1 March 1974.
4. The applicant was honorably released from active duty (REFRAD) on 11 September 1975 in pay grade E-4. He was transferred to the U.S. Army Reserve Control Group (Reinforcement).
5. A review of the applicant's official military personnel file fails to show any orders or other documents indicating he was promoted beyond pay grade E-4.
6. Army Regulation 635-5 (Separation Documents), in effect at that time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. However, there is no evidence in the available record nor has the applicant provided sufficient evidence to support his contention that he was promoted to pay grade E-5 while he was in the Army.
2. The available evidence shows he was promoted to pay grade E-4 on 1 March 1974 and that he was REFRAD in pay grade E-4 on 11 September 1975. In the absence of evidence to the contrary, it must be presumed that the rank and pay grade shown on his DD Form 214 are correct.
3. In view of the foregoing, the applicant's request should be denied.
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) AR20140014694
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