BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140015217 


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 that items 5a (Grade, Rate, or Rank) and 5b (Pay Grade) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the rank of specialist five (SP5) and pay grade of E-5.

2.  The applicant states he was promoted to the permanent (P) rank/grade of SP5/E-5 on 25 September 1967 and he was separated on 20 October 1967. 

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Promotion orders to E-3 and E-4

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 to show his rank/grade as that of SP5/E-5. 

2.  Counsel states the error is a simple administrative error that went unidentified for years probably due to the lag time associated with paper records of the day.  It is a point of honor that his DD Form 214 be corrected.  

3.  Counsel provides a copy of the applicant's DD Form 214. 

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 4 November 1965 in the rank/grade of private/E-1.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 52D (Gas Turbine and Generator Repairman).

3.  Special Orders (SO) Number 5, issued by Headquarters and Headquarters Company, 4th Battalion, U.S. Army Engineer Training Brigade, Fort Belvoir, VA, on 22 June 1966 advanced him to private first class (PFC)/E-3.

4.  Upon completion of training, he was assigned to the 182nd Light Equipment Maintenance Company, Germany, from on or about 30 June 1966 to on or about 17 October 1967.  

5.  SO Number 131, issued by the 182nd Light Equipment Maintenance Company, on 27 December 1966 advanced him to specialist four (SP4)/E-4.

6.  On 5 September 1967, Headquarters, 3rd Support Brigade, published SO Number 248 ordering his reassignment from his unit to the U.S. Army Transfer Station, Fort Dix, NJ, for separation processing, effective 19 October 1967.  The SO listed his grade as SP4. 

7.  His DA Form 137 (Installation Clearance Record) shows his rank as SP4.  He placed his signature on the record on 17 October 1967.  

8.  On 18 October 1967, Headquarters, 3rd Support Brigade, transmitted his personnel records to the U.S. Army Transfer Station, Fort Dix.  The applicant acknowledged receipt of the records to carry to Fort Dix for out-processing.  The transmittal memorandum listed his rank as SP4. 

9.  His DA Form 20 shows in:

	a.  item 2 (Grade) - "SP5 E-5" and item 3 (DOR) "25 Sep 67."

	b.  item 33 (Appointments and Reductions) two types of entries: 

		(1) Typed entries showing he was:

* advanced to PFC/E-3 (P), effective 22 June 1966, by authority of Unit Orders Number 5, issued by Headquarters Company, Fort Belvoir
* advanced to SP4/E-4 (Temporary (T)), effective 27 December 1966, by authority of Unit Orders 131, issued by the 182nd Light Equipment Maintenance Company 

		(2) Hand-written entries showing he was:

* advanced to SP4/E-4 (P) on 27 December 1966 by authority of Army Regulation 140-158 (Army Reserve-Enlisted Personnel, Classification, Promotion, and Reduction)  
* advanced to SP5/E-5 (T) on 27 September 1967 by authority of SO Number 282, issued by Headquarters, 3rd Support Brigade
* advanced to SP5/E-5 (P) on 27 September 1967 by authority of paragraph 8 of Army Regulation 140-158 

10.  On 19 October 1967, Headquarters, U.S. Army Personnel Center, Fort Dix, published SO Number 292 ordering his separation effective 20 October 1967.  The orders listed his rank as "SP5." 

11.  He was honorably released from active duty on 20 October 1967 and transferred to the U.S. Army Reserve Control Group (Annual Training).  Items 5a and 5b of the DD Form 214 he was issued show the entries "SP4" and "E-4" respectively.  Additionally, item 6 (Date of Rank) shows the entry "27 Dec 66 [December 1966]."

12.  On 6 August 1968, by letter, subject: Verification of Grade, the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO informed the applicant that his records did not contain a copy of his promotion orders for the grade change he indicated.  If he had a copy of the orders verifying his claim, he was asked to forward a copy of the orders to that center. 

13.  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." 

14.  On 27 October 1971, Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO published Letter Order Number 10-1252954 honorably discharging the applicant from the USAR Control Group (Standby) effective 3 November 1971.  The orders listed his rank as SP5. 

15.  A USAAC Form 368 (Report of Morning Report Search) shows that morning reports on file in the U.S. Army Administration Center, St. Louis, MO show the applicant's grade was changed from SP4/E-4 to SP5/E-5 effective 25 September 1967, based on Headquarters, 3rd Support Brigade SO 282, paragraph 23. 

16.  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, in part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.  

17.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states, in part, that items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders; and item 6 shows the date of rank.

DISCUSSION AND CONCLUSIONS:

1.  Some documents in his record show the applicant held the rank/grade of SP4/E-4 at the time of separation on 20 October 1967.  However, the preponderance of the evidence of record shows that at the time of separation on 20 October 1967, the applicant held the rank/grade of SP5/E-5 with an effective date and DOR of 25 September 1967.

2.  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 by Headquarters, 3rd Support Brigade SO 282.

3.  Notwithstanding the absence of actual orders promoting him to SP5, there appears to be sufficient evidence to support granting the applicant the requested relief.  As a result of the recommended correction above, it would be appropriate to delete the entry "ITEM 5A DTD OF APTMT PFC E-3 (P) 22 JUN 66 DTD OF RANK 22 JUN 66" in item 30 (Remarks) of his DD Form 214.

BOARD VOTE:

___X_____  __X______  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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:

* amending items 5a and 5b of his DD Form 214 to show "SP5" and "E-5" respectively
* amending item 6 of his DD Form 214 to show "25 Sep 67"
* deleting the entry "ITEM 5A DTD OF APTMT PFC E-3 (P) 22 JUN 66 DTD OF RANK 22 JUN 66" from item 30 of his DD Form 214




      _______ _ 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)                                         AR20140015217



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ABCMR Record of Proceedings (cont)                                         AR20140015217



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