IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150005059 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 to his DD Form 214 (Report of Separation from Active Duty) for the period ending on 1 October 1974 to reflect a pay grade of E-4 vice E-3. 2. The applicant states: * he was given orders on the day he was released from active duty promoting him to E-4, backdated to April 1974 * he was told his DD Form 214 was already completed as an E-3; therefore, he would have to stay another week while they created another DD Form 214, or he could just go home and write a letter to the Army and ask for the correct rank and back pay * he received the monetary difference from E-3 to E-4 but never had his DD Form 214 corrected 3. The applicant does not provide any supporting documentation. 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 enrolled in the Delayed Entry Program (DEP) from 5 September 1972 to 1 October 1972. On 2 October 1972, the applicant enlisted in the Regular Army. He completed training and he was awarded military occupational specialty 16R (Vulcan Crewman). 3. On 24 October 1973, the applicant received nonjudicial punishment for wrongfully having in his possession a controlled substance, marijuana. He received reduction in grade to E-1, extra duty and restriction for 14 days and forfeiture of $70.00 per month for one month. 4. His DA Form 20 (Enlisted Qualification Record), item 33 (Appointments and Reductions) shows he was: * promoted to E-2 on 4 February 1974 * promoted to E-3 on 4 April 1974 5. There is no record of evidence to show he was ever promoted to E-4. 6. On 1 October 1974, he was released from active duty at the completion of his required service with an honorable discharge. His DD Form 214 shows he completed 2 years of creditable service and had 28 days of prior inactive service. 7. His DD Form 214 shows: * item 6a (Grade, Rate or Rank) –“PFC” (private first class) * item 6b (Pay Grade) – “E-3” * item 6c (Date of Rank) – “74 04 04” DISCUSSION AND CONCLUSIONS: 1. With regard to items 6a, b and c of his DD Form 214 for the period ending 1 October 1974, the evidence of record shows he was promoted to E-3 on 4 April 1974 and was never promoted to E-4 before he was separated from the Army. 2. There is no evidence and the applicant provides no documentation to show he was provided back pay for grade pay E-4 prior or after his release from active duty on 1 October 1974. 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) AR20100029718 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005059 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1