IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20140020315
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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 7 March 1970:
* item 5a (Grade, Rate or Rank) - change to sergeant (SGT)
* item 5b (Pay Grade) - change to E-5
* item 6 (Date of Rank) - change to 1 December 1969
2. The applicant states his DD Form 214 is in error.
3. The applicant provides:
* DD Form 214
* Headquarters (HQ), 101st Airborne Division (Airmobile) Special Orders Number 357, dated 23 December 1969
* Honorable Discharge Certificate, dated 1 April 1974
* orders for discharge from the Standby Reserve, dated 20 March 1974
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. On 11 April 1968, he was inducted into the Army of the United States. He was promoted to specialist four (SP4)/pay grade E-4 on 9 July 1969.
3. He was assigned to the 58th Infantry Platoon (Scout Dog) in the Republic of Vietnam from 16 April 1969 to 5 March 1970. He received a fragment wound to his left shoulder on 2 October 1969.
4. He provided HQ, 101st Airborne Division (Airmobile) Special Orders
Number 357, dated 23 December 1969, that promoted him to SGT effective
1 December 1969.
5. On 7 March 1970, he was released from active duty. His awards included the Purple Heart, the Army Commendation Medal, and the Combat Infantryman Badge. His DD Form 214 shows the following entries in:
* item 5a - "SP4"
* item 5b - "E-4"
* item 6 - "9 JUL 1969"
7. A letter, dated 28 December 1970, from the Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO to the applicant requested he provide a copy of his promotion orders to SGT for correction of his records. He forwarded a copy of his promotion orders, his records were updated, and a copy is included in his Military Personnel Records Jacket (MPRJ).
8. His orders for discharge from the Standby Reserve and his Honorable Discharge Certificate both identify him as a SGT.
9. 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.
a. Paragraph 7-15a stated for promotion to pay grade E-5 the time in pay grade E-4 was 8 months and the time in service was 21 months. Waiver of one-half of time in pay grade was permissible and maximum waiver of time in service for E-5 was 6 months.
b. Paragraph 7-19.1 (Service obligation - a precondition for promotion) stated a precondition service obligation was established as 3 months for promotion to pay grade E-5 and 12 months for promotion to E-6. Waivers were not granted. Service obligation will be computed from the effective date of extension or reenlistment. The precondition service obligation requirement applied to patients, trainees, enlisted aides, bandsmen, special school or course graduates as well as permanent party personnel.
10. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the active duty grade or rank and pay grade at the time of separation was entered in Item 5a and 5b of the DD Form 214. The individual's effective date of rank to his pay grade at separation was entered in item 6 of his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. When he was promoted to SGT he had completed 4 months and 22 days in pay grade E-4 and 19 months in service. He was within the limits that could be waived for promotion to SGT.
2. When he was promoted on 1 December 1969 he had more than 3 months of remaining obligated service. He served 3 months and 7 days of active service subsequent to his promotion.
3. HQ, 101st Airborne Division (Airmobile) Special Orders Number 357, dated
23 December 1969, show he was promoted before the date of his separation on 7 March 1970.
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
amending his DD Form 214 with an effective date of 7 March 1970 as follows:
* item 5a - delete "SP4" and enter "SGT"
* item 5b - delete "E-4" and enter "E-5"
* item 6 - delete "9 JUL 69" and enter "1 DEC 69"
_______ _ 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) AR20140020315
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140020315
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