BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110023196 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/pay grade as sergeant (SGT)/E-5.

2.  The applicant states he was discharged in the rank of SGT.

3.  The applicant provides:

* U.S. Army Reserve (USAR) Honorable Discharge Certificate
* DD Form 214

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 22 September 1965.  He served as a communications control specialist in Vietnam.  On 21 September 1967, he was released from active duty and transferred to the USAR Control Group (Annual Training) to complete his remaining service obligation.

3.  His DD Form 214 shows:

* the entry "SP4 (T) See 30" (specialist four (temporary) see item 30) in item 5a (Grade, Rate, or Rank)
* the entry "E-4" in item 5b (Pay Grade)
* the entry "13 Aug 66" (13 August 1966) in item 6 (Date of Rank)
* the entry "Item 5a – PFC, E-3 (P) Aptd:  6 Apr 66" (private first class, E-3 (permanent) appointed:  6 April 1966) in item 30 (Remarks)

4.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was appointed to:

* the permanent grade of PFC effective 6 April 1966
* the temporary grade of SP4 effective 13 August 1966

5.  There are no orders that show he was promoted to SGT/E-5 prior to his release from active duty on 21 September 1967.  However, a DA Form 2496 (Disposition Form), dated 14 June 1967, shows he was recommended for promotion to SGT with a waiver for 2 months of time in grade.

6.  His DA Form 2962 (Security Termination Statement and Debriefing Certificate), dated 20 September 1967; DA Form 137 (Installation Clearance Record), dated September 1967; and U.S. Army Accessions Command Form 170 (Army Reserve Personnel Data Review), dated 26 March 1968; all show his grade of SP4/E-4 lined through and entered by hand as SGT/E-5.

7.  He was honorably discharged from the USAR on 21 September 1971 in the rank of SGT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his rank be corrected to show SGT on his DD Form 214.

2.  Although there are no orders in the available records which show he was promoted to SGT, the evidence shows he was recommended for promotion to SGT on 14 June 1967.  In addition, his installation clearance record shows his rank as SGT.  Any reasonable doubt should be resolved in his favor.  Therefore, the DA Form 2496 which shows he was recommended for appointment to the grade of SGT is accepted as sufficient evidence on which to amend 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 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 shown in item 5a of his DD Form 214 and replacing it with the entry "SGT"

	b.  deleting the entry shown in item 5b of his DD Form 214 and replacing it with the entry "E-5" and

	c.  deleting the entry shown in item 6 of his DD Form 214 and replacing it with the entry "14 Jun 67."



      ___________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)                                         AR20110023196



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ABCMR Record of Proceedings (cont)                                         AR20110023196



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