IN THE CASE OF: BOARD DATE: 9 January 2018 DOCKET NUMBER: AR20160001071 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: 9 January 2018 DOCKET NUMBER: AR20160001071 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: a. deleting the current entry in item 5a of his DD Form 214 and replacing it with the entry "SP4 (T)," b. deleting the current entry in item 5b of his DD Form 214 and replacing it with the entry "E-4," c. deleting the current entry in item 6 of his DD Form 214 and replacing it with the entry "9 Nov 69," and d. adding the following entries to item 30 of his DD Form 214: * "Item 5 – PFC (P) (E-3) aptd 6 Dec 68" * "Item 5 – SP4 (T) (E-4) aptd 9 Nov 69, date of rank 9 Nov 69" ___________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: 9 January 2018 DOCKET NUMBER: AR20160001071 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 specialist four (SP4)/E-4. 2. The applicant states the orders promoting him to SP4 were issued close to his discharge date and his records may not have been updated in a timely manner. He wishes to have the correct information inscribed on his headstone when he is interred in the National Cemetery in the future. 3. The applicant provides: * Headquarters and Headquarters Company, 2d Battalion (Airmobile), 502d Infantry Regiment, Unit Orders Number 67, dated 15 November 1969 * 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 was inducted into the Army of the United States on 4 April 1968. 3. Headquarters, 101st Airborne Division, Special Orders Number 349, dated 14 December 1968, announced his appointment to the permanent grade of private first class (PFC)/E-3 effective 6 December 1968. 4. Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 292, dated 19 October 1969, directed his reassignment to the U.S. Army Vietnam Returnee Detachment effective 29 November 1969 with further assignment to the U.S. Army Transfer Station, Fort Dix, NJ, for the purpose of release from active duty. 5. Headquarters and Headquarters Company, 2d Battalion (Airmobile), 502d Infantry Regiment, Unit Orders Number 67, dated 15 November 1969, announced his appointment/promotion to the temporary grade of SP4/E-4 with a date of rank and an effective date of 9 November 1969. 6. Headquarters, U.S. Army Personnel Center, Special Orders Number 338, dated 4 December 1969, relieved him from active duty not by reason of physical disability and transferred him to the U.S. Army Reserve Control Group (Annual Training) effective 4 December 1969. His rank is shown as SP4. 7. The last entry in item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was appointed to the permanent rank/pay grade of PFC/E-3 effective 6 December 1968. 8. He was honorably released from active duty on 4 December 1969. He completed 1 year, 8 months, and 1 day of active service during this period. His DD Form 214 shows in: * item 5a (Grade, Rate, or Rank), his rank as PFC/E-3 * item 5b (Pay Grade), his pay grade as E-3 * item 5c (Date of Rank), his date of rank as 6 December 1968 * item 30 (Remarks), no entries pertaining to grade, rate, or rank REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. The instructions for item 3a (Grade, Rate, or Rank) state to enter the grade in which serving at the time of separation, indicating whether permanent or temporary. If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank (if different from date of appointment) will be entered in item 30 (Remarks) as follows: * "Item 5 – CPL (P) (E-4) aptd 1 Aug 58" * "Item 5 – SP5 (T) (E-5) aptd 13 Sep 58, date of rank 1 Aug 58" DISCUSSION: 1. The evidence of record shows the applicant was appointed/promoted to the temporary grade of SP4/E-4 with a date of rank and an effective date of 9 November 1969. 2. His DD Form 214 for the period ending 4 December 1969 shows his rank/pay grade as PFC/E-3 with a date of rank of 6 December 1968. 3. Although his separation orders show his rank as SP4, it appears the orders appointing/promoting him to the temporary rank/pay grade of SP4/E-4 were not filed in his records at the time of his separation and his DA Form 20 had not been updated to reflect this appointment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001071 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001071 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2