BOARD DATE: 19 September 2017 DOCKET NUMBER: AR20160002680 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: 19 September 2017 DOCKET NUMBER: AR20160002680 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: 19 September 2017 DOCKET NUMBER: AR20160002680 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, in effect, correction of his DD Form 214 (Armed Forces of the Unites States Report of Transfer or Discharge) to show his rank/grade as specialist five (SP5)/E-5. 2. The applicant states, in effect, he was promoted to the rank of E-5 and was discharged in the rank of SP5/E-5. 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 was inducted into the Army of the United States on 19 February 1970. He completed training and was awarded military occupational specialty 91B (Medical Corpsman). 3. Special Orders Number 65, dated 6 March 1971, show, the applicant was promoted him to the rank/grade of specialist four (SP4)/E-4, effective 20 February 1971. 4. Special Orders Number 265, dated 22 September 1971, issued by Headquarters, U. S. Army Personnel Center, Fort Lewis, WA, dated 22 September 1971, relieved the applicant from active duty and transferred him to the United States Army Reserved in the rank/grade of SP4/E-4, effective 24 September 1971. 5. His DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) the highest grade he attained was SP4/E-4 with a date of rank of 20 February 1971. 6. A DA Form 137 (Installation Clearance Record) shows his rank as SP5. 7. The applicant’s Report of Medical Examination for separation completed and signed a day before he was released from active duty shows his rank/grade as SP4/E-4. 8. His DD Form 214 shows he was honorably released from active duty (REFRAD) effective 23 September 1971 in the rank of SP4. He had completed 1 year, 7 months, and 5 days of net active service this period. 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. It establishes standardized policy for the preparation of the DD Form 214. For item 5a (Grade, Rate, or Rank), enter the rank in which serving at the time of separation. DISCUSSION: 1. The applicant contends his rank on his DD Form 214 should be corrected to show his rank as SP5/E-5. 2. The applicant’s record contains a DA Form 137 that shows his rank as SP5. However, there is no other available evidence showing he was recommended for or promoted to the rank of SP5/E-5 prior to REFRAD. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002680 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002680 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2