IN THE CASE OF: BOARD DATE: 21 April 2015 DOCKET NUMBER: AR20140015187 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 as specialist five (SP5)/E5. 2. He states prior to his discharge he was promoted to SP5. 3. He provides his DD Form 214 and Special Order Number 279. 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's record shows he was inducted into the Army of the United States on 24 January 1966. He served in the Republic of Vietnam (RVN) from 10 September 1966 to 30 October 1967. He was honorably released from active duty on 31 October 1967 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), early separation of overseas returnees. He was credited with 1 year, 9 months, and 7 days of active duty service. 3. His DA Form 20 (Enlisted Qualification Record), item 33 (Appointments and Reductions), shows his grade/rank as specialist four (SP4)/E-4 temporary (T) with a date of rank listed as 18 February 1967. 4. His DD Form 214 shows his rank/pay grade as SP4/E-4 (T) with his date of rank listed as 18 February 1967. Item 30 (Remarks) of this form shows his permanent rank/grade as private first class/E-3 effective 2 October 1966. 5. There are no documents in the available records that show he was promoted to the rank of SP5/E-5. 6. He provides Headquarters, 25th Infantry Division, Special Orders Number 279, dated 6 October 1967 which show his rank/grade in the standard name line as SP5/E5. These orders reassigned him from the RVN to the continental of the United States (CONUS). 7. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. This regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Section II requires the preparer to enter the active duty grade or rank and pay grade at the time of separation in item 5a and 5b and date of rank in item 6. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was promoted to SP4/E4 (T) on 18 February 1967. There is no evidence, and he has not provided any, to show that he was subsequently promoted to SP5 prior to his early release from active duty. The fact that he provided an order that returns him to CONUS and lists his rank/grade in the standard name line as SP5/E-5 is not sufficient evidence to conclude that he was promoted to SP5. Therefore, in the absence of a formal document or pay records showing approval authority for promotion/advancement to SP5/E-5 with an effective date of rank, there is no basis to approve his request. 2. In view of the foregoing, there is no basis for granting his 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) AR20140015187 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140015187 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1