BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20160001638 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: 8 August 2017 DOCKET NUMBER: AR20160001638 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: 8 August 2017 DOCKET NUMBER: AR20160001638 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 he was separated in the rank/grade of specialist five (SP5)/E-5 (P) (permanent). 2. He states he believes he was promoted to E-5 in January 1969. 3. He provides 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 enlisted in the Regular Army on 15 July 1965. 3. Unit Orders Number 51, issued by Headquarters, Fort Buckner, dated 19 July 1966, promoted the applicant to the temporary rank/grade of specialist four (SP4)/E-4. 4. Special Orders Number 14, issued by Headquarters, Fort Buckner, dated 17 January 1967, promoted the applicant to the temporary rank/grade of SP5/E-5. 5. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) lists his grade, date of rank, and authority as follows: * SP4 - E-4(P), 19 July 1966, Army Regulation 600-200 (Enlisted Personnel Management) * SP5 - E-5(T) (temporary), 17 January 1967, Special Orders Number 14, Headquarters, Fort Buckner 5. His record is void of any promotion orders showing he was promoted to the permanent rank/grade of SP5/E-5. 6. He was honorably discharged from active duty on 15 September 1967 and credited with completing 2 years, 1 month, and 22 days of active service. His DD Form 214 shows in: * Item 5a (Grade, Rate or Rank) – SP5 (T) (See [item] 30 [Remarks]) * Item 5b (Pay Grade) – E-5 * Item 6 (Date of Rank) – 17 January 1967 * Item 30 (Remarks) – Item 5a: SP4 E-4(P) Appointed 19 July 1966 REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation instructs the preparer to into make the following entries: * Item 5a the rank/pay grade in which serving at the time of separation, indicating whether permanent or temporary * Item 5b the date of rank for the grade shown in 5a * Item 30 if the grade as shown in item 5 is not permanent, enter permanent grade, date of appointment, and date of rank if different from date of appointment DISCUSSION: Orders and the applicant's DA Form 20 shows he was permanently promoted to SP4 on 19 July 1966 and temporarily promoted to SP5 on 17 January 1967. This information is consistent with the information listed on his DD Form 214. There is no evidence and the applicant did not provide any to show he was promoted to the permanent rank of SP5. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001638 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001638 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2