IN THE CASE OF: BOARD DATE: 19 October 2010 DOCKET NUMBER: AR20100012191 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as sergeant. 2. The applicant states his correct rank is sergeant in pay grade E-5. 3. The applicant provides the following documentary evidence in support of his application: a. Honorable Discharge Certificate showing rank as sergeant; b. Department of the Army Certificate of Appreciation, dated 5 October 1971; c. recondo course diploma, dated 10 August 1970; d. U.S. Army Infantry School Airborne School certificate of completion, dated April 1969; e. Certificate of Appreciation from the President of the United States; and f. an IMJIN Scout insignia certificate, dated February 1971. 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 enlisted in the Regular Army on 3 October 1968 for a 3-year period. He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He served in the Republic of Vietnam from 12 May 1969 to 22 March 1970. 3. The applicant was promoted to the rank of sergeant (SGT) by Special Orders Number 048 issued by Headquarters, 2nd Infantry Division on 17 February 1971 with an effective date of promotion of 8 February 1971. 4. The applicant was relieved from active duty and transferred him to the U.S. Army Reserve (USAR) by Special Orders Number 278 issued by Headquarters, U.S. Army Personnel Center, Fort Lewis on 5 October 1971. This order shows the applicant's rank was SGT. 5. On 5 October 1971, the applicant was released from active duty and received a DD Form 214 that shows in item 5a (Grade, Rate, or Rank) "SP5" for specialist 5 and item 5b (Pay Grade) as "E-5." He served on active duty for 3 years and 3 days. The highest award he received was the Army Commendation Medal. 6. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that in item 5a enter grade in which serving at time of separation. For item 5b, enter the date of rank for grade shown in item 5a. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his rank at his time of separation from active duty was SGT not SP5 as shown on his DD Form 214 with a separation date of 5 October 1971. 2. Based on the evidence of record, the applicant was promoted to the rank of SGT on 8 February 1971. Therefore, he is entitled to a correction of his DD Form 214 to show his rank at separation was SGT not SP5 as currently shown. 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 amending his DD Form 214 as follows: a. remove from item 5a the entry "SP5"; and b. add to item 5a the entry "SGT." _________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) AR20100012191 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100012191 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1