IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140009835
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/pay grade as sergeant (SGT)/E-5. He also request correction of his service number to read RA XX 0XX XXX vice RA XX 9XX XXX.
2. The applicant states he was proud to have achieved pay grade E-5 in 2 years and is disappointed that it is not annotated on his DD Form 214.
3. The applicant provides his 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 enlisted in the Regular Army on 28 May 1968.
3. Item 1 (Service Number) of his DD Form 4 (Enlisted Contract Armed Forces of the United States) shows his service number as RA XX 0XX XXX.
4. A thorough review of all documents contained in his available military personnel records, many of which bear his signature, shows his service number consistently appears as RA XX 0XX XXX.
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in Section 31 (Appointments and Reductions) his rank, pay grade, and date of rank history as:
* Private (PVT)/E-1 - 28 May 1968
* PVT/E-2 permanent (P) - 28 September 1968
* private first class (P)/E-3 - 3 December 1968
* specialist four (SP4) (P)/E-4 - 21 March 1969
6. On 20 February 1970, the applicant was honorably released from active duty. His DD Form 214 shows in:
* item 2 (Service Number) RA XX 9XX XXX
* item 5a (Grade, Rate, or Rank) SP4
* item 5b (Pay Grade) E-4
* item 6 (Date of Rank) 21 March 1969
7. His record is void of any evidence showing he was promoted to SGT/E-5 prior to his release from active duty.
8. Army Regulation 635-5 (Separation Documents) at the time provided that separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. Documents in his personnel record correctly list his service number as RA XX 0XX XXX; however, it appears his service number was incorrectly transcribed to his DD Form 214. Therefore, it would be appropriate to correct his DD Form 214 to show his service number as shown on his DD Form 4.
2. The applicant's record shows he held the rank/pay grade SP4/E-4 with a date of rank of 21 March 1969 on his effective date of separation from the Army. The applicant's record does not show he was promoted to the rank/pay grade of SGT/E-5 prior to separation from active duty. In the absence of evidence to the contrary, it is concluded that the applicant's DD Form 214 is correct.
3. In view of the foregoing, there is no basis to grant this portion of the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 2 of his DD Form 214 the current entry and replacing it with the service number as shown on his DD Form 4.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting item 4a and 4b his DD Form 214 to show his rank and pay grade as SGT/E-5.
__________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) AR20140009835
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140009835
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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