BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150009059 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ ____x_ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150009059 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. BOARD DATE: 19 April 2016 DOCKET NUMBER: AR20150009059 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 records to show he was promoted to the rank/grade of specialist five (SP5)/E-5. 2. The applicant states: * he went before a promotion board for the rank/grade of SP5/E-5 while serving in Vietnam and he passed the test * he went to basic training at Fort Dix, NJ * he went to Fort Ord, CA, on handwritten orders * his records were lost * he got his records when he was released from active duty * his records were turned in at Front Royal, VA 3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 11 June 1969 in the rank/grade of private (PVT)/E-1. 3. Item 33 (Appointment and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was appointed/promoted as follows: * 11 October 1969 – PVT/E-2 * 18 October 1969 – private first class/E-3 * 11 January 1970 – specialist four (SP4)/E-4 4. On 14 December 1970, he was honorably released from active duty. His DD Form 214 shows he completed 1 year, 6 months, and 4 days of active military service. His DD Form 214 also shows in: * item 5a (Grade, Rate, or Rank) – SP4 * item 5b (Pay Grade) – E-4 5. His records are void of and he failed to provide any evidence he was promoted to the rank/grade of SP5/E-5 prior to his release from active duty. REFERENCES: 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. a.  Paragraph 7-21 stated the temporary appointment of Regular Army enlisted personnel in the grade of E-5 would automatically become permanent on the date of completion of time in grade (TIG) and time in service (TIS) as follows: * December 1968 through March 1969 – TIG = 12 months and TIS = 5 years * effective from April 1969 – TIG = 1 year and TIS = 6 years b.  Paragraph 7-21 further stated permanent promotion to pay to grade E-4 and above occurred automatically without issuance of orders or entry on morning reports. An appropriate entry would be made in the individual's personnel record. DISCUSSION: 1. The applicant's request for correction of his records to show he was promoted to the rank/grade of SP5/E-5 was carefully considered. 2. His records are void of and he failed to provide any evidence he was selected for or promoted to the rank/grade of SP5/E-5 prior to his release from active duty. The evidence shows he did not meet the TIG and TIS requirements for promotion to the rank/grade of SP5/E-5. 3. His DD Form 214 properly shows the rank/grade of SP4/E-4 held by him at the time of his release from active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009059 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009059 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2