ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 September 2019 DOCKET NUMBER: AR20170005529 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in item 3a (Grade, Rate, or Rank) sergeant (SGT) (P Permanent)) instead of SGT (T (Temporary)). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was discharged as a SP4/E-4, with a lump sum payment of $10,000.00. He should have been discharged as a SGT/E-5 and received a payment. The Board should consider the difference in the lump sum payment amount between the grades of SP4 and SGT. 3. The applicant provides a copy of his DD Form 214. 4. Review of the applicant’s service record shows: a. He enlisted in the Regular Army on 12 November 1963. b. Special Orders Number 206, issued by Headquarters, 8th Infantry Division on 25 July 1966, announced his “T” appointment to the rank/pay grade of SGT/E-5. c. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he appointed to: SP4 (P) on 13 November 1965 and to SGT (T) on 19 April 1966, by orders dated 25 July 1966. d. He was honorably released from active duty on 21 October 1966 and was transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 2 years, 11 months, and 10 days of active service, which included 2 years, 6 months, and 18 days of foreign service. This form also shows in: * Item 3a – SGT/E-5 (T) * Item 3b (Date of Rank) – 25 July 1966 * Item 32 (Remarks): * Item 3a – SP4/E-4 (P), Appointed 19 April 1966, date of rank 13 November 1965 * Lump sum payment made for 60 days accrued leave * SGLI (Servicemembers Group Life) $10,000.00 e. His record is void of evidence he held the grade of SGT (P) at the time his release from active duty. 6. By regulation (AR 635-5), item 3a and b would show the rank/grade in which a member was serving at the time of separation with an indication if “P” or “T”, with appropriate date of rank. Item 32 would show, if the grade in item 3a was not “P”, the “P” grade, date of appointment, and date of rank. Item 32 would show an entry showing individual was paid or not for accrued leave. 7. The SGLI makes life insurance protection available to members of the Uniformed Services at a reasonable cost. All members of the Uniformed Services are automatically insured for the maximum coverage under SGLI. In 1966, the maximum SGLI benefit was $10,000.00. SGLI maximum benefit was not rank-related. SGLI coverage generally stops on date of separation. 8. By law (Title 31, U.S. Code, section 3702 (Barring Status), prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows he was temporarily promoted to SP5/E-5 on 19 April 1966, and subsequently temporarily appointed to SGT by special orders on 14 July 1966. The Board did note his date of rank to E-5 on the DD Form 214 shows 25 July 1966, which is an error and should show the date he was promoted to E-5 on 19 April 1966. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X XGRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 21 October 1966 by showing in item 6 his date of rank to E-5 as 19 April 1966. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing his rank as SGT/E-5 (P). 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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 was to provide the individual with documentary evidence of their military service. It was important that information entered on the form be complete and accurate. The instructions stated: a. Items 3a and b would show the rank/grade in which a member was serving at the time of separation with an indication if permanent or temporary, with appropriate date of rank. b. If the grade shown in item 3 was not permanent, enter in item 32 (Remarks) the permanent grade, date of appointment, and date of rank if different from date of appointment. c. Item 32 would show an entry showing individual was paid or not for accrued leave. 3. The Servicemembers Group Life Insurance (SGLI) makes life insurance protection available to members of the Uniformed Services at a reasonable cost. All members of the Uniformed Services are automatically insured for the maximum coverage under SGLI. In 1966, the maximum SGLI benefit was $10,000.00. 4. Title 31, U.S. Code, section 3702, also known as the barring statute, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, U.S. Code, is relieving the Government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170005529 4 1