IN THE CASE OF:	

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110019179 


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 items 5a (Grade, Rate or Rank), 5b (Pay Grade), and 6 (Date of Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected.

2.  The applicant states he was promoted to staff sergeant (SSG)/E-6 on 
19 January 1970 (post discharge) and his E-6 pay was effective 1 January 1970.

3.  The applicant provides:

* Promotion orders
* DD Form 214
* An illegible document from a claims division correcting his E-6 back pay 

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 27 March 1968.  He served as an infantryman in Vietnam from 5 March 1969 to 17 January 1970.  On 17 January 1970, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  

3.  His DD Form 214 shows in:

* Item 5a the entry "SGT" (sergeant)
* Item 5b the entry "E5"
* Item 6 the entry 10 NOV 68" (10 November 1968) 

4.  He provided orders, dated 19 January 1970, which show he was promoted to SSG effective 1 January 1970.  He also provided an illegible document which he claims corrected his E-6 back pay.

5.  He was honorably discharged from the USAR on 1 March 1974 in the rank of SSG.

DISCUSSION AND CONCLUSIONS:

The promotion orders provided by the applicant which show he was promoted to SSG/E-6 effective 1 January 1970 are accepted as sufficient evidence on which to amend items 5a, 5b, and 6 of his DD Form 214.

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:

	a.  deleting the entry in item 5a of his DD Form 214 and adding the entry "SSG";

	b.  deleting the entry in item 5b of his DD Form 214 and adding the entry "E6"; and

	c.  deleting the entry in item 6 of his DD Form 214 and adding the entry 
"1 JAN 70."   



      _______ _   __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)                                         AR20110019179



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110019179



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1