IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004285 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 and grade as specialist four (SP4)/E-4 instead of private first class (PFC)/E-3. 2. He states he was promoted to PFC in May 1967 at Fort Lewis, WA, just before the end of his advanced individual training. He contends that he had 17 months of time in grade at the time of his promotion to SP4. He was promoted around September 1968 while he was assigned to Company E, 198th Infantry, in the Republic of Vietnam and he held the rank of SP4 for the last four months of his tour. He further contends that many errors were made during his tour of duty in the Army; however, his combat records were administratively corrected and his SP4 patches came to him from St. Louis, MO. 3. He provides: * DD Form 215 (Correction to DD Form 214), issued 24 February 2003 * U.S. Locator Service letter, dated 27 October 1998 * Permanent Orders 055-03, dated 24 February 2003 * DA Form 1577 (Authorization for Issuance of Awards) * Department of Veterans Affairs (VA) letter, dated 14 January 2005 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. He was inducted into the Army of the United States on 20 January 1967. 3. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows his date of rank to: * private (PVT/E-1) as 20 January 1967 * private (PV2/E-2) as 2 May 1967 * (PFC)/E-3 as 27 July 1967 4. His record is void of orders appointing him to SP4. 5. His record contains an Installation Clearance Record and Special Orders Number 12, dated 12 January 1969, which show his rank/grade as PFC/E-3. 6. He was released from active duty on 12 January 1969. Item 5a (Grade, Rate, or Rank) of his DD Form 214 shows him as a PFC (Permanent)/E-3. 7. He provides documents showing that subsequent to his release from active duty he received a 100-percent disability rating from the VA, his medical records were located by a third party, and he was issued a DD Form 215 which administratively corrected his DD Form 214 by showing additional awards and the dates of his Vietnam service. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form be complete and accurate. The instructions state enter the pay grade in which serving at the time of separation, indicating whether permanent or temporary. 9. Army Regulation 624-200 (Promotions, Demotions, and Reductions – Appointment and Reduction of Enlisted Personnel), in effect at the time, stated temporary appointment of enlisted personnel to all grades above E-3 will be announced in orders issued by the appointing authority. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was advanced to PFC/E-3 on 27 July 1967 and he held this rank/grade at the time of his release from active duty. Applicable regulatory guidance, in effect at the time, required all appointments above PFC/E-3 to be announced in orders. His record is void of and he did not provide orders promoting him to the next higher grade; therefore, the available evidence does not support the correction he is seeking. 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) AR20150004285 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004285 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1