IN THE CASE OF:	  

		BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140015594


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 (Certificate of Release or Discharge from Active Duty) to show his rank and pay grade as specialist four (SP4)/E-4.

2.  He states that he was a SP4 at the time of his discharge.  He was receiving approximately $160 to $190 per month.  His discharge documents do not show his proper grade.  

3.  The applicant provides copies of two pages of his DA Form 20 (Enlisted Qualification Record).

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 enlisted in the Regular Army on 26 June 1966.  He held military occupational specialty 72C (Central Office Telecommunications Switchboard Operator).

3.  His DA Form 20 shows the highest grade he attained was private first class (PFC)/E-3 effective 15 August 1966.

4.  His record shows he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice on 17 April 1967 for failing to go to his appointed place of duty.  His punishment included reduction to the grade of private (PV2)/E-2.  He did not appeal the punishment. 

5.  He was honorably discharged on 28 April 1967.  His DD Form 214 shows his rank as a PV2 with a date of rank of 14 April 1967.

6.  His record does not show he was previously recommended for or promoted to SP4.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, states in paragraph 2-1 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.  For item 4a and 4b (Rank and Pay Grade) enter active duty grade of rank and pay grade at time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was reduced to PV2 14 days prior to his discharge.  His DD Form 214 properly shows his rank as a PV2/E-2.
 
2.  In view of the above, his request should be denied.

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)                                         AR20140015594



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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