IN THE CASE OF: BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018078 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018078 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 11 December 1967 by replacing the current entries in items 5a, 5b, and 6 with "SGT (T)," "E-5," and 27 November 1967, respectively. _____________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. IN THE CASE OF: BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018078 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as sergeant (SGT)/E-5. 2. The applicant states, in effect, in the summer of 1967, he was promoted to SGT at Fort Huachuca, AZ, and this promotion is not reflected on his DD Form 214. Correctly showing his rank could positively affect his benefits from the Department of Veterans Affairs (VA). 3. The applicant provides his DD Form 214 for the period ending 11 December 1967. 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 17 December 1965. He held military occupational specialty 11C (Indirect Fire Crewman). 3. His available service record contains Special Orders (SO) Number 313, dated 27 November 1967, issued by U.S. Army Combat Surveillance School/Training Center, promoted him to the grade of SGT, effective the date of the order. 4. He was honorably released from active duty on 11 December 1967. His DD Form 214 shows he completed 1 year, 11 months, and 25 days of net active creditable service. Items 5a (Grade, Rate, or Rank), and 5b (Pay Grade) reflect his rank/grade as specialist four (SP4)/E-4. Item 6 (Date of Rank (DOR)) lists 10 November 1966. REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures for the preparation of the DD Form 214. Source documents for completion included the DA Form 20, orders, and other appropriate documents from a Soldier's military personnel file. The entries for rank, grade, and DOR were to reflect what was held at the time of separation. DISCUSSION: SO promoted the applicant to SGT/E-5 effective 27 November 1967. His DD Form 214 does not show this promotion. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018078 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018078 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2