IN THE CASE OF:	  

		BOARD DATE:	  4 February 2014

		DOCKET NUMBER:  AR20130009445 


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 item 5a (Grade, Rate, or Rank) of his
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show sergeant (SGT) instead of specialist five (SP5).

2.  The applicant states he was serving as an acting SGT and displayed SGT stripes prior to his promotion to pay grade E-5.  He was a platoon SGT and fill-in noncommissioned officer (NCO).

3.  The applicant provides no additional evidence.

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 6 January 1969.  He completed training and was awarded military occupational specialty 36K (field wireman).  His DA Form 20 (Enlisted Qualification Record) shows he was promoted to SP5, pay grade E-5, on 9 June 1971.  His promotion orders are not available.

3.  He was honorably released from active duty on 20 November 1971 and was transferred the U.S. Army Reserve (USAR) Control Group (Reinforcement).  His DD Form 214 lists in:

* Item 5a – SP5
* Item 5b (Pay Grade) – E-5
* Item 6 (Date of Rank) – 9 June 1971

4.  The applicant’s release from active duty orders show his rank as SP5, his DA Form 137 (Installation Clearance Record) shows his rank as SP5, and his USAR discharge orders show his rank as SP5.

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided instructions for the preparation of the DD Form 214.  It stated that items 5a, 5b, and 6 would list the rank, pay grade, and effective date of pay grade for the current pay grade.  

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s promotion orders are not available, all the available evidence shows he was promoted to SP5, not SGT.  He may have been an acting SGT while he was an E-4 and even while an E-5; however, he provides no evidence to show his actual rank was SGT.

2.  In the absence of evidence to the contrary it appears that item 5a of the applicant's DD Form 214 is correct.  Therefore, there is insufficient evidence to correct item 5a of his DD Form 214 to show his rank as SGT.

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)                                         AR20130009445



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ABCMR Record of Proceedings (cont)                                         AR20130009445



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