RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            05 FEBRUARY 2004                  
	DOCKET NUMBER:   AR2003091395

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Karen A. Heinz		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he separated in the pay grade of E-5.

2.  The applicant states that he received the rank of sergeant/pay grade E-5 as he was finishing active duty, and it was never changed on his DD Form 214.  

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on
6 May 1970.  The application submitted in this case is dated 15 May 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted into the Army of the United States on 7 May 1968 for a period of 2 years.  He completed basic combat training and advanced individual training at Fort Benning, Georgia.  He served in Vietnam form October 1968 to October 1969.

4.  He was promoted to the pay grade of E-2, E-3 and E-4 on 7 September 1968, 18 October 1968 and 3 February 1969, respectively.  

5.  Special Orders 111, dated 25 April 1970, promoted the applicant to sergeant/pay grade E-5, with an effective date of 8 April 1970.

6.  The applicant was separated on 6 May 1970, under the provisions of Army Regulation 635-200, chapter 2, for completion of required service.  His DD Form 214 indicates he had 2 years of creditable service, and was separated in the rank of specialist 4, pay grade of E-4.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to sergeant, pay grade E-5 on 8 April 1970.

2.  The applicant’s promotion occurred prior to his separation and his records should be corrected to show he was promoted to the pay grade of E-5, with back pay and entitlements from the effective date of his promotion, (8 April 1970) to his date of separation (6 May 1970), if such pay was not received.  

3.  The applicant’s DD Form 214 should be corrected to show he was separated in the rank of sergeant, and the pay grade of E-5.  

BOARD VOTE:

__FNE __  __JPI  __  __KAH  __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was promoted to the pay grade of E-5, with and effective date of 8 April 1970, with entitlements to pay and allowances from 8 April 1970 through 6 May 1970, as appropriate, and that his DD Form 214 be corrected to show he was separated in the rank of sergeant and the pay grade of E-5.  

		____Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2003091395	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040205	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.