IN THE CASE OF:	  

		BOARD DATE:	  26 September 2013

		DOCKET NUMBER:  AR20130002226 


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 items 5a (Grade, Rate, or Rank), 5b (Pay Grade), and 6 (Date of Rank (DOR)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* his grade/rate/rank, pay grade, and DOR are incorrect
* Item 5a should be corrected to show sergeant (SGT)
* Item 5b should be corrected to show pay grade E-5
* Item 6 should be corrected to show his DOR as 20 July 1969

3.  The applicant provides:

* Promotion orders
* 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 was inducted into the Army of the United States on 25 January 1968.  He served as a light weapons infantryman in Vietnam from August 1968 to August 1969.  

3.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was:

* appointed to E-3 (P) effective 4 August 1968
* appointed to E-4 (T) effective 11 November 1968

4.  Special Orders 213, dated 1 August 1969, show he was promoted to the temporary grade of SGT effective 9 July 1969.  

5.  On 23 January 1970, he was honorably released from active duty.

6.  His DD Form 214 shows in:

* Item 5a - the entry "SP4" (specialist four)
* Item 5b - the entry "E4"
* Item 6 - the entry "11 Nov 68" (11 November 1968) 

7.  Army Regulation 635-5 (Separation Documents) prescribes the 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.  The regulation, in effect at the time provided that for Item 5a, enlisted personnel would enter the grade in which serving at time of separation, indicating whether permanent or temporary.  Example:  "MSG (master sergeant) (P)" or "MSG (T)."   

DISCUSSION AND CONCLUSIONS:

Special Orders 213 which show the applicant was promoted to the temporary grade of SGT/pay grade E-5 effective 9 July 1969 are accepted as sufficient evidence on which to base amending items 5a, 5b, and 6 of his DD Form 214.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

	a.  deleting the entry in item 5a of his DD Form 214 and replacing it with the entry "SGT (T)";

	b.  deleting the entry in item 5b of his DD Form 214 and replacing it with the entry "E-5"; and

	c.  deleting the entry in item 6 of his DD Form 214 and replacing it with the entry "9 Jul 69."

2.  The Board further determined that the evidence presented is 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 amending item 6 of his 
DD Form 214 to show his DOR as 20 July 1969.  




      __________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)                                         AR20130002226





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ABCMR Record of Proceedings (cont)                                         AR20130002226



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