IN THE CASE OF:	  

		BOARD DATE:	    13 October 2011

		DOCKET NUMBER:  AR20110008413


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 items 6a (Grade, Rate or Rank) and 6b (Pay Grade) of his DD Form 214 (Report of Separation from Active Duty), for the period ending 18 February 1977, to show he was separated in the rank/grade of sergeant (SGT)/E-5, versus specialist four (SP4)/E-4.

2.  The applicant states, "I was an E-4 at the time of my discharge."

3.  The applicant provides:

* his DD Form 214, for the period ending 16 February 1971
* his DD Form 214, for the period ending 18 February 1977
* General Orders Number 52, Headquarters, 35th Engineer Group (Construction), dated 2 August 1969

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 30 June 1968.  He completed training and was awarded military occupational specialty 51B (Carpenter).   

3.  Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was promoted to SP4 effective 18 July 1969.

4.  On 18 February 1977, he was honorably discharged.  Item 6a of his DD Form 214 shows his rank as SP4.  Item 6b shows his grade as E-4.

5.  On 19 February 1977, he enlisted in the U.S. Army Reserve, in the rank/grade of SP4/E-4.  Item 49 (Prior Service) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he was discharged from the Regular Army on 18 February 1977, in the rank/grade of SP4/E-4.

6.  His available record is void of any document that shows he was promoted to SGT.  

7.  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.  Promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders.  

8.  Army Regulation 635-5 (Personnel Separations – Separation Documents) established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate. Items 6a and 6b show the active duty grade or rank and pay grade at the time of separation and are obtained from the Soldier's records (promotion or reduction orders).  

DISCUSSION AND CONCLUSIONS:

The applicant contends his DD Form 214 should be corrected to show he was a SGT at the time of his discharge.  The evidence of record does not support this contention; therefore, he is not entitled to 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 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)                                         AR20110006018



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ABCMR Record of Proceedings (cont)                                         AR20110008413



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