IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160017684 BOARD VOTE: _________ _______ ________ 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: 15 August 2018 DOCKET NUMBER: AR20160017684 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 amended by correcting item 5a (Grade, Rate or Rank), 5b (Pay Grade), and 6 (Date of Rank) of his DD Form 214 to show "SGT (T) SEE 30," "E-5," and "8 DEC 67" respectively. _________________________ 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: 15 August 2018 DOCKET NUMBER: AR20160017684 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 he was released from active duty in the rank/grade of sergeant (SGT)/E-5 vice specialist four (SP4)/E-4. 2. The applicant states he feels his rank/grade upon his separation from service should reflect SGT/E-5. 3. The applicant provides a copy of his DD Form 256A (Honorable Discharge) and 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 13 January 1966. 3. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was promoted to the permanent rank/grade of private first class (PFC)/E-3 on 25 November 1966. 4. Unit Orders Number 5 issued by Headquarters and Headquarters Troop, 3rd Squadron, 5th Cavalry Regiment on 16 February 1967, promoted him to the temporary rank/grade of SP4/E-4. 5. Special Orders Number 310 issued by Headquarters, 1st Squadron, 11th Armored Cavalry Regiment on 8 December 1967, appointed/promoted him to the temporary rank/grade of SGT/E-5. 6. The applicant's DD Form 214 shows he was honorably released from active duty on 15 December 1967. He completed 1 year, 11 months, and 3 days of active service. It also shows in: a. item 5a (Grade, Rate or Rank), SP4 (temporary); b. item 5b (Pay Grade), E-4; c. item 6 (Date of Rank (DOR)), 16 February 1967; and d. item 30 (Remarks), "Item 5a Date of Aptmt PFC E-3 (P) 25 Nov 66 DOR 25 Nov 66." REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation from active duty. a. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance for preparation of the DD Form 214. b. It states that all available records would be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions for: (1) item 5a stated to enter the grade in which serving at the time of separation, indicating whether permanent or temporary (e.g., SP4 (T)); (2) item 5b stated to enter the pay grade; (3) item 6 stated to enter the DOR for the grade shown in item 5a; and (4) item 30 stated the "Remarks" section would be used to complete entries too long for their respective items. Specifically, if the grade shown in item 5 was not permanent, enter the permanent grade, date of appointment, and date of rank; otherwise enter the date of appointment to the permanent grade. DISCUSSION: 1. The evidence of record shows the applicant was appointed to the permanent rank/grade of PFC/E-3 on 25 November 1966. He was subsequently promoted to the temporary rank/grade of SP4/E-4 on 16 February 1967. Special orders appointed/promoted him to the temporary rank/grade of SGT/E-5 on 8 December 1967. 2. The applicant's DD Form 214 incorrectly shows his temporary rank, pay grade and DOR in items 5a, 5b, and 30, respectively. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017684 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160017684 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2