IN THE CASE OF:	  

		BOARD DATE:	        19 August 2008

		DOCKET NUMBER:  AR20080006204 


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 Letter Orders Number D 3-66, Department of the Army (DA), Office of the Adjutant General, Washington, D.C., dated 5 March 1973, be corrected to show his rank and grade as sergeant (SGT)/E-5.

2.  The applicant states, in effect, that a clerical error was made on his retirement orders.

3.  The applicant provides a copy of his retirement orders; a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and copies of his reassignment orders.

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 for 3 years on 6 January 1966 and served until 20 November 1968, at which time he was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.

3.  On 14 April 1970 the applicant again enlisted in the Regular Army for a period of 3 years.  He served until 19 March 1973 at which time he was honorably retired due to a physical disability.  His DD Form 214 shows his rank and grade as SGT/E-5.

4.  The applicant's DA Form 20 shows that the applicant was a SGT/E-5.  A review of the applicant's complete official record shows that he was a SGT/E-5.

5.  Letter Orders Number D 3-66 show his rank and grade as specialist five (SP5)/E-5.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was a SGT/E-5 at the time of his retirement as shown on his DD 214 and his DA Form 20.  It appears that a typographical error was made on the applicant's retirement orders.

2.  Given the above, the applicant's record should be corrected as shown below.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 Letter Orders Number D 3-66 to show his rank and grade as SGT/E-5.


															XXX
      ______________________
               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)                                         AR20080006204



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ABCMR Record of Proceedings (cont)                                         AR20080006204



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