BOARD DATE: 26 January 2012 DOCKET NUMBER: AR20110014815 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 the rank and pay grade listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show sergeant/E-5 (SGT/E-5) and that he receive back pay accordingly. 2. The applicant states his last captain informed him the grade of E-5 was earned and the forms bear this out. 3. The applicant provides a copy of his discharge order from the United States Army Reserve (USAR), dated 25 November 1983, 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. The record shows the applicant enlisted in the Regular Army on 20 June 1978, and was trained in and awarded military occupational specialty (MOS) 05C (Radio/Teletype Operator). His DA Form 2 (Personnel Qualification Record-Part I) and DA Form 2-1 (Personnel Qualification Record-Part II) contain handwritten entries indicating the applicant was promoted to SGT/E-5 on 5 May 1981. The last permanent typewritten entries on these records indicate he was advanced to specialist four/E-4 (SP4/E-4) on 1 April 1980. 3. The applicant’s Military Personnel Records Jacket (MPRJ) is void of orders promoting the applicant to SGT/E-5. The last document prepared while the applicant was on active duty is a DA Form 1811 (Physical Data and Aptitude Test Scores upon Release from Active Duty), dated 16 June 1981, which lists his grade as SP4. 4. On 16 June 1981, the applicant was honorably released from active duty (REFRAD) after completing 2 years, 11 months, and 27 days of active military service. Item 4a (Grade, Rate or Rank) of the DD Form 214 he was issued at the time lists his rank as SP4 and item 4b (Pay Grade) lists his pay grade as E-4. 5. The MPRJ contains U.S. Reserve Components Personnel and Administration Center Orders C-11-047071, dated 25 November 1983, which list the applicant’s rank as SGT in the standard name line. This is the same document provided by the applicant. 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicant's separation provided for entering the rank and pay grade held on the date of separation in items 4a and 4b. DISCUSSION AND CONCLUSIONS: 1. The applicant’s request to correct his DD Form 214 to show his rank and pay grade as SGT/E-5 and to provide him any back pay and allowances due as a result has been carefully considered. However, there is insufficient evidence to support this claim. 2. The applicant’s DD Form 214 lists his rank and pay grade as SP4/E-4 in items 4a and 4b. Absent compelling evidence to the contrary, this document carries with it a presumption of regularity. Although there are handwritten entries on the applicant’s DA Form 2 and DA Form 2-1 that indicate he was promoted to SGT/E-5 on 5 May 1981, the record is void of promotion orders or other documents corroborating these entries, or that verify he was actually promoted by proper authority and that this promotion was authorized and announced in official orders. 3. Further, the USAR discharge orders that list his grade as SGT in the standard name line were published more than two years after his REFRAD and could have been the result of the unverified handwritten entries on the applicant’s DA Form 2 and DA Form 2-1. Finally, there is no indication that the applicant questioned the rank and pay listed on his DD Form 214 at the time of his REFRAD, or in the more than 30 years that have passed since. As a result, absent orders authorizing and announcing the applicant’s promotion to SGT/E-5 there is an insufficient evidentiary basis to support granting the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _x___ __x______ ___x_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that 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. ABCMR Record of Proceedings (cont) AR20110014815 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110014815 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1