BOARD DATE:	  14 January 2016

		DOCKET NUMBER:  AR20150006163 


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 he was released from active duty in the rank/grade of specialist four (SP4)/E-4.

2.  He states he was promoted to and paid as an SP4.

3.  He provides his promotion orders and final military pay voucher.

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 involuntarily ordered to active duty on 22 May 1979.  His DA Form 2-1 (Personnel Qualification Record) shows he was advanced to the rank/grade of private first class (PFC)/E-3 on 1 September 1979.
3.  His service records are void of orders or any other documents that list his rank/grade as SP4/E-4.

4.  He was released from active duty on 17 October 1980.  His DD Form 214 shows in:

* item 4a (Grade, Rate or Rank) – “PFC”
* item 4b (Pay Grade) – “E3”
* item 12h (Effective Date of Pay Grade) “79  09  01”

5.  The applicant provides:

	a.   Orders Number 211-2, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, dated 29 July 1980, which show he was promoted to SP4/E-4, effective 1 August 1980; and

	b.  his final military pay voucher which shows his basic pay grade was E-4 for the period 1-18 October 1980.

6.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  It stated that the promotion of enlisted personnel in grades E-3 through E-9 would be announced in routine orders. 

DISCUSSION AND CONCLUSIONS:

The promotion orders and military pay voucher provided by the applicant are sufficient evidence to confirm he was promoted to SP4, effective on 1 August 1980.

BOARD VOTE:

___x_____  __x______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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 deleting the entries in items 4a, 4b, and 12h of his DD Form 214 and replacing them with the entries SP4, E-4, and "80 08 01."




      _______ _  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)                                         AR20150006163





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ABCMR Record of Proceedings (cont)                                         AR20150006163



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