IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150010232 BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150010232 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by: * deleting the entry in item 3a and replacing it with the entry "SP4 E-4 (T)" * deleting the entry in item 3b and replacing it with the entry "11 May 1966" ___________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: 14 April 2016 DOCKET NUMBER: AR20150010232 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 the correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as specialist four (SP4)/E-4 vice private first class (PFC)/E-3. 2. The applicant states his rank/grade is wrong on his DD Form 214. His request is based on his promotion to SP4 in May 1966 by his unit in Germany several months prior to his rotation back to the United States. 3. The applicant provides his 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 8 June 1964. On 8 November 1964, he was assigned to Company B, 93rd Signal Battalion, Germany. 3. His record contains Unit Orders Number 30, dated 11 May 1966, issued by Company B, 93rd Signal Battalion, promoting him to the temporary (T) rank of SP4 with a date of rank (DOR) of 11 May 1966. 4. His DA Form 20 (Enlisted Qualification Record) shows he was promoted to the permanent (P) rank of PFC on 18 February 1965 and to the rank of SP4 on 11 May 1966. 5. He was honorably released from active duty on 26 May 1966 and he was transferred to the U.S. Army Reserve. Item 3a (Grade, Rate or Rank) of the DD Form 214 he was issued contains the entry "PFC E-3 (P)" and item 3b (DOR) contains the entry "18 February 65." REFERENCES: 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. The version then in effect stated in item 3a enter the active duty rank/grade held at the time of separation and in item 3b enter the DOR. DISCUSSION: Orders confirm the applicant was promoted to the rank/grade of SP4/E-4 (T) on 11 May 1966, prior to his release from active duty, and that his DD Form 214 incorrectly shows his rank/grade as PFC/E-3 (P) and DOR as 18 February 1965. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010232 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010232 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2