RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 OCTOBER 2005 DOCKET NUMBER: AR20050001554 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Mr. Carl W. S. Chun Director Ms. Deborah L. Brantley Senior Analyst The following members, a quorum, were present: Mr. Ted Kanamine Chairperson Mr. Patrick McGann Member Ms. Carol Kornhoff Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his rank and pay grade as private first class E-3, in lieu of private E-2. 2. The applicant states that his military pay voucher shows that he was promoted to pay grade E-3 on 19 July 1966. 3. The applicant provides a copy of his military pay voucher. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 1 August 1966. The application submitted in this case is dated 20 January 2005. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant enlisted in the Army for 3 years on 30 July 1963. He was trained as a water supply specialist and in December 1963 was assigned to an engineer battalion in Germany. He was advanced to pay grade E-3 on 7 May 1964. He was reduced to private E-1 on 17 July 1964 by a special court-martial and sentenced to be confined at hard labor for 4 months. The applicant’s Enlisted Qualification record shows that he was in confinement from 17 July 1964 to 26 July 1964, and that he was AWOL (absent without leave) from 5 February 1965 to 9 February 1965. His Official Military Personnel File (OMPF) shows that he received nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ) on 4 occasions, the last being on 21 February 1966 when he was reduced to pay grade E-2. 4. On 18 March 1966 the applicant was barred from reenlistment. On 5 July 1966 the applicant’s bar to reenlistment was withdrawn based on his commanding officer’s recommendation. 5. Headquarters Company, 24th Engineer Battalion Unit Orders Number 24, show that the applicant was appointed to the permanent grade of private first class E-3 on 19 July 1966. 6. The applicant returned to the United States and was released from active duty at Fort Hamilton, New York on 1 August 1966. His DD Form 214 shows his rank and pay grade as private E-2 and his date of rank as 21 February 1966. 7. The copy of the applicant’s pay voucher that he submits with his request contains the notation that the applicant was promoted to pay grade E-3 19 July 1966 per SO (special order) number 24. DISCUSSION AND CONCLUSIONS: The applicant’s rank, pay grade, and date of rank on his 1 August 1966 DD Form 214 are incorrect. He was appointed to the rank of private first class, pay grade E-3 on 19 July 1966. His DD Form 214 should reflect this information. BOARD VOTE: __TK ___ __PM ___ __CK ___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that the applicant’s 1 August 1966 DD Form 214 be corrected by showing his rank and pay grade as private first class, E-3, and his date of rank as 19 July 1966. ______Ted Kanamine________ CHAIRPERSON INDEX CASE ID AR20050001554 SUFFIX RECON YYYYMMDD DATE BOARDED 20051013 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 110.00 2. 3. 4. 5. 6.