IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150009989 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150009989 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. IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150009989 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 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his rank and pay grade as specialist four (SP4)/E-4. 2. The applicant states: * he was promoted to SP4 on 17 April 1969 while serving in Troop E, 1st Cavalry Regiment * he provided a copy of Headquarters, Americal Division, Special Orders Number 107, dated 17 April 1969, to show his date of rank * Headquarters, U.S. Army Personnel Center, Special Orders Number 2, dated 2 January 1970, also show his rank/grade as SP4/E-4 * he discovered the error while applying for a Purple Heart license plate 3. The applicant provides: * Headquarters, Americal Division, Special Orders Number 107, dated 17 April 1969 * Headquarters, U.S. Army Personnel Center, Special Orders Number 2, dated 2 January 1970 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 16 January 1968. 3. His records contain Troop E, 1st Cavalry Regiment, 11th Infantry Brigade, Americal Division, Unit Orders Number 5, dated 14 February 1969, appointing him to the temporary grade of SP4/E-4 under the provisions of Army Regulation 600-200 (Enlisted Personnel Management System), paragraph 7-13. 4. The applicant provided and his records contain Headquarters, Americal Division, Special Orders Number 107, dated 17 April 1969, reassigning him from Troop E, 1st Cavalry Regiment, to Troop H, 17th Cavalry Regiment, effective 2 May 1969. His rank/grade is shown as SP4/E-4 on these orders. 5. Headquarters, Americal Division, General Orders Number 11607, dated 11 November 1969, awarded him the Purple Heart. His rank/grade is shown as private first class (PFC)/E-3 on these orders. 6. His DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 2 January 1970, shows his rank/grade as PFC/E-3. 7. The applicant provided and his records contain Headquarters, U.S. Army Personnel Center, Special Orders Number 2, dated 2 January 1970, releasing him from active duty effective 2 January 1970. His rank/grade is shown as SP4/E-4 on these orders. 8. His DD Form 214 shows he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 2 January 1970. Item 5a (Grade, Rate, or Rank) shows PFC (promotable), item 5b (Pay Grade) shows E-3, and item 6 (Date of Rank) shows 15 August 1969. 9. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows his grade as PFC (promotable)/E-3 and his date of rank as 15 August 1969. 10. Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, Letter Orders Number 12-1344085, dated 19 December 1973, discharged him from the U.S. Army Reserve Control Group effective 1 January 1974. His rank is shown as PFC. 11. His records are void of orders demoting him to the rank/grade of PFC/E-3. REFERENCES: 1. Army Regulation 600-200, in effect at the time, prescribed policy and procedures for career management of Army enlisted personnel, to include classification and reclassification, utilization, Qualitative Management Program, Enlisted Evaluation System, special duty assignment, Selective Reenlistment Bonus, promotions and reductions in grade. Paragraph 7-3 stated promotion of enlisted personnel to grades E-4 through E-9, appointments, grade reductions (except for court-martial or Article 15 of the Uniform Code of Military Justice) would be announced in orders. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The applicant's contention that his DD Form 214 should be corrected to show his rank as SP4/E-4 was carefully considered. 2. Unit orders issued on 14 February 1969 temporarily appointed him to the rank/grade of SP4/E-4 and his records do not contain orders either revoking these orders or demoting him to the rank/grade of PFC/E-3. 3. Despite the fact that the he claims to never have been notified of a reduction in rank and the 2 January 1970 orders releasing him from active duty list his rank/grade as SP4/E-4, the preponderance of the evidence, to include award orders, DD Form 214, DA Form 20, and discharge orders from the U.S. Army Reserve, shows his rank/grade as PFC/E-3 at the time of his release from active duty. 4. Although the facts and circumstances surrounding his loss of SP4 rank are not in his available records, it is presumed the rank was appropriately revoked on 15 August 1969, as records indicate, and he reverted to the rank/grade of PFC/E-3. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009989 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009989 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2