BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160002014 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 BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160002014 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. BOARD DATE: 23 May 2017 DOCKET NUMBER: AR20160002014 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 private (PVT)/E-2 at the time of his discharge. 2. The applicant states he overlooked this error for years until his local county Veterans Service Officer informed him that there was a way to correct the error. 3. The applicant provides a copy of 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’s complete service and medical records are not available for review. 3. A DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 17 November 1967 in the rank/grade of PVT/E-1 for a period of 6 years. Block 27 (Transfer to) shows he was to be assigned to the USAR Control Group (Delay Entry). 4. A DD Form 4 shows he enlisted in the Regular Army (RA) on 15 March 1968 in the rank/ grade of PVT/E-1. 5. His DA Form 20 (Enlisted Qualification Record), item 33 (Appointments and Reductions), lists his rank/grade as a PVT/E-1. No further entries are made. 6. The applicant submitted a letter to his commanding officer, dated 7 May 1968, which he signed as a PVT/E-1. He requested separation by reason of erroneous enlistment or induction and acknowledged that he had been notified that he was not medically qualified under procurement medical fitness standards when accepted for induction or initial enlistment on 15 March 1968. 7. A DA Form 137 (Installation Clearance Record), dated 18 June 1968, shows the applicant’s rank/grade as PVT/E-2. 8. A letter issued by the Department of the Army, Headquarters, U.S. Army Training Center, Fort Lewis, WA, subject: Medical Board Proceedings, dated 18 June 1968, approved the Medical Board Proceedings pertaining to the applicant and requested immediate action be taken to effect his separation from the service. 9. On 19 June 1968, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 5. His DD Form 214 shows in: * item 5b (Pay Grade) – E-1 * item 19 (Grade, Rate or Rank at time of Entry into Current Active Service) – “Pvt E-1” * item 22a(1) (Statement of Service) – he completed 3 months and 5 days of net active duty service. * item 22a(3) (Total) – he completed 7 months and 3 days of total service. 10. The evidence of record does not contain a document authorizing the applicant's advancement to PVT/E-2. REFERENCES: 1. Army Regulation 600-200, paragraph 7-11, as then in effect, prescribed policies and procedures for advancement to PVT/E-2 for active Army personnel. A Soldier was to be advanced to grade E-2 when he completed 6 months of active Federal service, unless it was stopped by the commander. Time spent in a delayed-entry program was not counted. 2. Army Regulation 601-210 (Qualifications and Procedures for Processing Applicants for Enlistment and Reenlistment in the Regular Army) prescribes the eligibility requirements and administrative procedures for the enlistment, reenlistment, and extension of enlistments of personnel in the RA. Chapter 2, section III (Grades), states all applicants without prior active service will be enlisted in the grade E-1 or E-2. 3. Army Regulation 635-200, dated July 1966, set forth the basic authority for the separation of enlisted personnel. Paragraph 5-9, then in effect, provided the policy and outlined the procedures for separating individuals who did not meet medical fitness standards. DISCUSSION: 1. The applicant contends, in effect, that he should have his DD Form 214 corrected to show he was a PVT/E-2 vice a PVT/E-1 upon his discharge. 2. Other than a DA Form 137, the available records show no evidence indicating the applicant was advanced to PVT/E-2. 3. The applicant's combined USAR and RA service was 7 months and 3 days of active service. However, the record shows he had been assigned to the USAR Control Group (Delay Entry). His time in this status did not count toward the time in service requirement for advancement to E-2. The evidence in this case indicates he would not have been advanced to E-2 prior to his discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002014 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002014 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2