BOARD DATE:	  4 September 2014

		DOCKET NUMBER:  AR20140001161 


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 his DD Form 214 to show his rank and grade as sergeant (SGT), E-5.

2.  The applicant states his unit promoted him to SGT, E-5 but his DD Form 214 does not show this rank and grade.

3.  The applicant provides copies of his DD Form 214 and 11th Infantry Division appointment 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 was inducted into the Army on 16 September 1969.  He received a permanent advancement to the rank and grade of specialist four (SP4), E-4 on 15 April 1971.

4.  Headquarters and Headquarters Company, 2nd Battalion, 11th Infantry Regiment, 4th Infantry Division Unit Orders Number 56, dated 16 June 1971, appointed the applicant to the acting (emphasis added) noncommissioned officer rank and grade of SGT, E-5.

5.  The applicant was released from active duty on 1 September 1971 with transfer to the U.S. Army Reserve(USAR) Control Group (Annual Training).  His DD Form 214 shows he was released from active duty in the rank and grade of SP4, E-4.

6.  Army Regulation 600–200 (Enlisted Personnel Management System), as then in effect, provided the regulatory procedures and guidelines for selection of individuals for promotion.  Paragraph 7–53 (Announcement and Termination of Appointment Announcement and Termination of Appointment) states an acting noncommissioned officer's status would terminate upon reassignment to another unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's 16 June 1971 orders specifically state the advancement was to the acting rank and grade of SGT, E-5. 

2.  Since his advancement to SGT, E-5 was an acting appointment it was automatically terminated with his reassignment to the Transition Point.  Therefore, his DD Form 214 properly reflects his permanent rank and grade as SP4, E-4 and no relief is warranted.

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)                                         AR20140001161



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ABCMR Record of Proceedings (cont)                                         AR20140001161



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