BOARD DATE: 23 February 2017 DOCKET NUMBER: AR20150015708 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: 23 February 2017 DOCKET NUMBER: AR20150015708 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: 23 February 2017 DOCKET NUMBER: AR20150015708 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/pay grade as sergeant (SGT)/E-5 (permanent). 2. He states, in effect, that official orders promoted him to SGT/E-5. 3. He provides Special Orders Number 210, dated 20 December 1964, and his DD Form 214. 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 records show he enlisted in the Regular Army on 6 August 1962. 3. Section 1 (Appointments, Promotions, or Reductions) of his Service Record shows the following dates of ranks for the pay grades indicated: * Private (PVT)E-1 (P) [permanent], 6 August 1962 * Private (PVT)/E-2 (P), 6 December 1962 * Private First Class (PFC)/E-3 (P), 12 April 1963 * Specialist Four (SP4)/E-4 (T) [temporary], 31 March 1964 * Sergeant (SGT)/E-5 (T), 20 December 1964 4. This same section shows that Special Orders Number 210, issued by Headquarters, U.S. Army Aerial Support Center, St Andre, Germany, dated 20 December 1964, appointed the applicant to the temporary rank/grade of SGT/E-5, effective on the same date. 5. The applicant was honorably released from active duty on 28 June 1965 and transferred to the U.S. Army Reserve (USAR) to complete his service obligation. 6. Item 3a (Grade, Rate or Rank) and 3b (Date of Rank (DOR)) of his DD Form 214 shows he held the temporary rank of SGT/E-5, effective 20 December 1964. Item 32 (Remarks) contains the entry “Item #3a: SP4 E4 (P) APTD [appointed] 20 Dec 64 DOR 20 Mar 64." 7. His record does not contain orders promoting him to the permanent rank of SGT/E-5 prior to his release from active duty. 8. His USAR Service Record lists his rank/grade as SGT/E-5 (P), effective 28 June 1965. REFERENCES: 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: a. Item 3a shows the rank/grade in which a member was serving at the time of separation with an indication of permanent or temporary; for example "MSG (T) (Master Sergeant, Temporary)";and b. If the grade shown in item 3a is not permanent, enter the permanent grade, date of appointment, and date of rank if different from date of appointment in item 32. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show his rank as SGT/E-5 permanent. 2. The evidence shows he held the temporary rank and pay grade of SGT/E-5 and his DD Form 214 correctly shows this entry. Item 32 of his DD Form 214 also shows his last permanent rank was SP4/E-4. The available record is void of orders promoting him to the permanent rank of SGT/E-5 prior to his release from active duty. 3. Regulatory guidance states the highest pay grade held whether permanent or temporary will be entered in item 3a of the DD Form 214. However, the permanent pay grade and date of appointment, if different from item 3a, will be entered in item 32, as correctly reflected on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015708 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015708 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2