BOARD DATE: 10 June 2010 DOCKET NUMBER: AR20090021487 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 to have his rank corrected on his DD Form 214 (Report of Separation from Active Duty) to show he was a specialist four/E-4. 2. The applicant states his effective date of rank to specialist four was 20 March 1974 and he was separated on 19 June 1974. 3. The applicant provides a copy of his DD Form 214 and Special Orders Number 44, Headquarters, XVIII Airborne Corps and Fort Bragg, dated 5 March 1974 in support of his application. 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. On 20 June 1972 the applicant was inducted in the Army of the United States. He completed his initial training and was awarded military occupational specialty (MOS) 13A (Field Artillery Crewman). 3. The applicant's DA Form 20 (Enlisted Qualification Record), Item 33 (Appointments and Reductions), show the highest rank held was private first class/E3. 4. Special Orders 44, Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, North Carolina, dated 5 March 1974, show he was promoted to specialist four on 20 March 1974. 5. There is no evidence that indicates the applicant was reduced during his term of service or any record of disciplinary action after the effective date of promotion. 6. The applicant's DD Form 214 shows that he was honorably released from active duty on 19 June 1974. His rank is shown as private first class, pay grade E-3 with a date of rank of 18 October 1972. 7. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 7, contains Army-wide promotion policy and procedures. It states that the promotion of enlisted personnel to grades E-3 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed that separation documents were to be prepared for Soldiers at retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Section 2-7 specifically stated to enter the grade and pay grade at time of separation. Further, enter the date of rank for the grade shown. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to have his DD Form 214 corrected to show he was a specialist/E-4 at the time of his separation was carefully considered and there is sufficient evidence to grant relief. 2. The applicant's record contains official orders that show he was promoted to specialist four prior to his release from active duty and therefore it would be appropriate to correct his record. BOARD VOTE: ___x____ ___x_____ ___x___ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entries in Items 6a, 6b and 7 of the DD Form 214, effective 19 June 1974, and showing the following: * Item 6a: SP4 * Item 6b: E-4 * Item 7: "74 03 20" _______ _ 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. ABCMR Record of Proceedings (cont) AR20090021487 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090021487 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1