IN THE CASE OF:
BOARD DATE: 21 April 2015
DOCKET NUMBER: AR20140015187
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 as specialist five (SP5)/E5.
2. He states prior to his discharge he was promoted to SP5.
3. He provides his DD Form 214 and Special Order Number 279.
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 record shows he was inducted into the Army of the United States on 24 January 1966. He served in the Republic of Vietnam (RVN) from 10 September 1966 to 30 October 1967. He was honorably released from active duty on 31 October 1967 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), early separation of overseas returnees. He was credited with 1 year, 9 months, and 7 days of active duty service.
3. His DA Form 20 (Enlisted Qualification Record), item 33 (Appointments and Reductions), shows his grade/rank as specialist four (SP4)/E-4 temporary (T) with a date of rank listed as 18 February 1967.
4. His DD Form 214 shows his rank/pay grade as SP4/E-4 (T) with his date of rank listed as 18 February 1967. Item 30 (Remarks) of this form shows his permanent rank/grade as private first class/E-3 effective 2 October 1966.
5. There are no documents in the available records that show he was promoted to the rank of SP5/E-5.
6. He provides Headquarters, 25th Infantry Division, Special Orders Number 279, dated 6 October 1967 which show his rank/grade in the standard name line as SP5/E5. These orders reassigned him from the RVN to the continental of the United States (CONUS).
7. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. This regulation states 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 requires 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:
1. The evidence of record shows the applicant was promoted to SP4/E4 (T) on
18 February 1967. There is no evidence, and he has not provided any, to show that he was subsequently promoted to SP5 prior to his early release from active duty. The fact that he provided an order that returns him to CONUS and lists his rank/grade in the standard name line as SP5/E-5 is not sufficient evidence to conclude that he was promoted to SP5. Therefore, in the absence of a formal document or pay records showing approval authority for promotion/advancement to SP5/E-5 with an effective date of rank, there is no basis to approve his request.
2. In view of the foregoing, there is no basis for granting his requested relief.
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) AR20140015187
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140015187
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015217
Counsel requests correction of the applicant's DD Form 214 to show his rank/grade as that of SP5/E-5. He responded and provided a copy of SO Number 292 (his separation orders), issued by Headquarters, U.S. Army Personnel Center, Fort Dix, on 19 October 1967 listing his rank as "SP5." Although his record is void of any orders promoting him to SP5/E-5 while on active duty, his DA Form 20 and a USAAC Form 368 shows that he was promoted to the rank/grade of SP5/E-5 effective 25 September 1967...
ARMY | BCMR | CY2010 | 20100022882
The applicant provides: * his DD Form 214 * a memorandum from the Detachment Commander, 31st Surgical Hospital, Germany, dated 7 August 1967 CONSIDERATION OF EVIDENCE: 1. The applicant's DD Form 214 shows he was honorably separated from active duty on 10 August 1967 as an SP4/E-4. ABCMR Record of Proceedings (cont) AR20100022882 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100022882 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2010 | 20100009492
The applicant provides the following documents: * a copy of his DD Form 214 for the period ending 26 February 1968 * a copy of Special Orders Number 13, dated 16 January 1968 CONSIDERATION OF EVIDENCE: 1. (2) If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment will be entered in item 30. c. Item 30 is used to complete entries too long for their respective blocks and/or as a...
ARMY | BCMR | CY2014 | 20140014692
BOARD DATE: 31 March 2015 DOCKET NUMBER: AR20140014692 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. 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...
ARMY | BCMR | CY2011 | 20110014293
Application for correction of military records (with supporting documents provided, if any). The applicant states his DD Form 214 should be corrected to document the correct rank and pay grade and military occupational specialty (MOS) and MOS training completed. The DD Form 214 he was issued at the time shows his rank/grade as SP4/E-4 in items 5a and 5b, and his date of rank as 26 August 1966 in item 6 (Date of Rank).
ARMY | BCMR | CY2010 | 20100019239
Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. The evidence of record shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to: * delete from items 5a, 5b, and 6 the entries "SP4 (T)," "E-4,"...
ARMY | BCMR | CY2013 | 20130017258
The applicant states he was placed on the promotion list before his separation. On 4 August 1971, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, published Special Orders Number 216 releasing him from active duty effective 4 August 1971. Absent the publication of the promotion instrument - a promotion order - there is insufficient evidence to grant him the requested relief in this case.
ARMY | BCMR | CY2011 | 20110007877
The applicant requests correction of his records to show he was promoted to the rank/grade of specialist five (SP5)/E-5 prior to his release from active duty. On 15 July 1968, Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, published SO Number 197 showing he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) effective 15 July 1968. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record...
ARMY | BCMR | CY2011 | 20110005253
Application for correction of military records (with supporting documents provided, if any). There are no orders showing the applicant was promoted to E-5 in the available records. However, his DD Form 214 shows his temporary rank and pay grade as specialist four/E-4 at the time of his separation on 8 April 1968.
ARMY | BCMR | CY2011 | 20110001834
Application for correction of military records (with supporting documents provided, if any). The temporary appointment of a Regular Army enlisted Soldier automatically becomes permanent on the date of completion of the specific time in grade (TIG) and time in service (TIS) requirements, and are reflected as: a. (2) If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment will be entered in...