IN THE CASE OF:	

		BOARD DATE:	 19 February 2015 

		DOCKET NUMBER:  AR20140010093 


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/grade as specialist five (SP5)/E-5 instead of specialist four (SP4)/E-4.

2.  The applicant states:

* he passed his E-5 promotion board, but he was never promoted
* he was getting close to his return date from Vietnam and he wasn't going to extend/reenlist in country
* he was told that this was the condition to receive his promotion

3.  The applicant provides no additional evidence.

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 23 February 1966 and he trained as an airframe repairman.  He arrived in Vietnam on 12 January 1967.

3.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he attained the temporary rank of SP4 on 13 April 1967.

4.  He departed Vietnam on 11 January 1968 and he was honorably released from active duty (REFRAD) on 13 January 1968.  His discharge orders show his rank as SP4.

5.  His DD Form 214 shows in:

* item 5a (Grade, Rate, or Rank) – "SP4(T) [Temporary] SEE 30"
* item 5b (Pay Grade) – E-4
* item 30 (Remarks) – "ITEM 5A DATE OF APT [Appointment] PFC [Private First Class] E-3 (P) [Permanent] 3 NOV 66 [3 November 1966]"

6.  There are no orders in the available records showing he was promoted to SP5/E-5.

7.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated for enlisted personnel to grades E-3 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders.  Field grade commanders in the rank of lieutenant colonel or higher could promote to E-5.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he held the temporary rank of SP4/E-4 at the time he was separated on 13 January 1968.

2.  There is no evidence and he provided no evidence showing he was promoted to SP5 by proper authority prior to his REFRAD on 13 January 1968.  Therefore, there is insufficient evidence on which to base 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 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)                                         AR20140010093



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ABCMR Record of Proceedings (cont)                                         AR20140010093



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