IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150001919
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was released from active duty in the rank/grade of specialist four (SP4)/E-4.
2. The applicant states his unit moved around the country and his promotion never caught up with him.
3. The applicant provides a copy of 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 22 October 1968, in the rank/grade of private/E-1. He completed training and he was awarded military occupational specialty 11C (Indirect Fire Crewman). His DA Form 20 (Enlisted Qualification Record) shows he was advanced to the rank/grade of private (PV2)/E-2 on 22 February 1969.
3. Evidence shows he served in the Republic of Vietnam from 15 August 1969 to 11 August 1970.
4. His record contains Special Orders Number 235, issued by Headquarters, 101st Airborne Division (Airmobile), dated 23 August 1969, which shows shortly after his arrival in the Republic of Vietnam he was appointed to the rank/grade of private first class (PFC)/E-3 effective 15 August 1969.
5. Item 33 (Appointments and Reductions) of his DA Form 20 shows PFC/E-3 as the highest rank/grade he held.
6. Special Orders Number 225, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 13 August 1970, released the applicant from active duty and transferred him to the U.S. Army Reserve Control Group (Annual Training) in the rank/grade of SP4/E-4. The orders note the applicant had 1 year of service in pay grade E-4.
7. His service records contain several forms which list his rank/grade as SP4/E-4; however his service records do not contain official orders promoting him to SP4/E-4.
8. On 13 August 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining obligation. He completed 1 year, 9 months, and 22 days of creditable active service. His DD Form 214 shows in:
* Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) the entries "PFC" and "E-3" respectively
* Item 6 (Date of Rank) the entry "15 August 69"
9. Letter Orders Number 09-1307396, dated 23 September 1974, indicate the applicant was honorably discharged from the Standby Reserve in the rank/grade of PFC/E-3 on 1 October 1974.
10. 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 pertinent part, that the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders.
11. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation taken from the Soldiers promotion/reduction orders. Item 6 shows the date of rank.
DISCUSSION AND CONCLUSIONS:
1. The available evidence appears insufficient to correct the applicant's DD Form 214 to show he was released from active duty in the rank/grade of SP4/E-4.
2. His official military personnel file contains separation orders dated
13 August 1970, which list his rank as SP4; however, the orders also note he served in pay grade E-4 for 1 year. Since the applicant was appointed to the rank/grade of PFC/E-3 on 15 August 1969, this appears to be inaccurate or a typographical error.
3. Unfortunately, his service records do not contain official orders promoting him to the rank/grade of SP4/E-4. It is also noted that his DA Form 20 shows the highest rank/grade he attained was PFC/E-3.
4. In the absence of documentary evidence which would definitively confirm he was promoted to the rank/grade SP4/E-4, regrettably, the available evidence is insufficient as a basis for granting the 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) AR20150001919
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ABCMR Record of Proceedings (cont) AR20150001919
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