BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150015831 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 BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150015831 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: * deleting from items 5a and 5b of his DD Form 214 the entries "SP4 (T)" and "E-4" and replacing those entries with "SGT (T)" and "E-5" * deleting from item 6 of his DD Form 214 the entry "16 September 1967" and adding "1 June 1968" * deleting from item 30 of his DD Form 214 the entry "Item 5A PFC/E3 (P) 4 April 1967" and adding the entry "Item 5A SP4/E-4 (P) 16 September 1967" ___________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. BOARD DATE: 14 February 2017 DOCKET NUMBER: AR20150015831 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 show his rank/pay grade as sergeant (SGT)/E-5. 2. The applicant states he was advanced to SGT/E-5 on 1 June 1968 and he was separated on 24 June 1968. Upon separation, his DD Form 214 erroneously showed his rank/grade as specialist four (SP4)/E-4. 3. The applicant provides: * DD Form 214 * Special Orders (SO) Number 153, dated 1 June 1968 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 and entered active duty in the rank/grade of private/E-1 on 23 September 1966. 3. He served in Vietnam from 29 March 1967 to on or about 25 June 1968. He was assigned to Headquarters and Headquarters Troop (HHT), 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division. 4. On 6 April 1967, Headquarters, 25th Infantry Division, published SO Number 96 advancing him to the rank/grade of private first class (PFC)/E-3 (Permanent (P)) effective 6 April 1967. 5. On 16 September 1967, HHT, 3rd Squadron, 4th Cavalry published Unit Orders Number 55 advancing him to the rank/grade of SP4/E-4 (Temporary (T)) effective 16 September 1967 as shown on his DA Form 20 (Enlisted Qualification Record). 6. On 1 June 1968, Headquarters, 25th Infantry Division, published SO Number 153 appointing/promoting him to the temporary grade of SGT/E-5 effective 1 June 1968. 7. On 24 June 1968, Headquarters, U.S. Army Personnel Center, Oakland, CA, published SO Number 176 separating him from active duty effective that date. These orders listed his rank as SP4. 8. He was honorably released from active duty on 24 June 1968 and he was transferred to the U.S. Army Reserve (USAR). His DD Form 214 shows: * items 5a (Grade, Rate or Rank) and 5b (Pay Grade): "SP4 (T)" and "E-4" * item 6 (Date of Rank): 16 September 1967 * item 30 (Remarks): Item 5 (Continued), PFC/E-3 (Permanent) Appointed on 4 April 1967 9. On 23 August 1972, Headquarters, USAR Components Personnel and Administration Center, St. Louis, MO published Letter Orders Number 08-1310188 honorably discharging him from the USAR effective 22 September 1972. The orders listed his rank as SGT. REFERENCES: 1. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. It stated the promotion of enlisted personnel to grades E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 in effect at the time contained guidance on the preparation of the DD Form 214. It stated that items 5a and 5b would show the active duty rank and pay grade at the time of the Soldier's separation. The rank would be taken from the Soldier's promotion/reduction orders. Item 6 would show the date of rank. DISCUSSION: The available evidence shows the applicant was appointed/promoted to the temporary rank/grade of SGT/E-5 on 1 June 1968, shortly prior to his release from active duty on 24 June 1968. His DD Form 214 incorrectly listed his temporary rank/grade as SP4/E-4 and his permanent rank/grade as 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) AR20150015831 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015831 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2