IN THE CASE OF: BOARD DATE: 13 September 2019 DOCKET NUMBER: AR20170014727 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 September 2019 DOCKET NUMBER: AR20170014727 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests his name corrected on his Orders, dated 4 November 1966 because that hindered his rank advancement. 2. The applicant states: a. He enlisted in Spokane, WA in August 1966 as a private. He was sent to Fort Lewis WA for basic training. At that time the, the sergeant instructed them that if they performed at a high standard in the top 10 percent, they would advance to private E-2. At the completion of basic training, they informed him that he was in the top 10 percent and gave him a letter saying he was advanced to E-2. He was then sent to Fort Dix, NJ to train as a cook. On arrival, the sergeant informed them that if they were E-1s and performed in the top 10 percent, they would be advanced to E 2. But if they came in as E 2, they would be advanced to E 3. After the completion of the course, he was in the top 10 percent but he was not advanced to E-3. He contested and they sent him to personnel and they showed him his files and he had not been advanced to E 2. b. During Christmas leave of 1966, he went home on leave and gave his mother the letter that showed he had advanced to E-2. When he returned to advanced training, he did not have this letter to show he had advanced. After that, he was sent to Fort Sam Houston to the 250th general hospital unit. Years later, he requested all of my military records from the Department of Veterans Affairs (VA) and upon reviewing them, he found the copy that they sent him regarding his advancement from E-1 to E-2. He now has two copies of the letter: the first one that he received and a copy with all his military records that were sent to him in the 1980's. Currently, other than those two copies, he has no other proof of military advancements through the years 31 August 1966 to 13 August 1969. When I was discharged, he was E 4. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. DD Form 149 with supporting documents: * Self-Authored Letter * Letter, 5th Battalion, 2nd Brigade Basic Combat Training, dated 4 November 1966, subject: Accelerated Advancement to Private E-2 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DD Form 4 (Enlistment Record-Armed Forces of the United States) * Unit Orders Number 27, 250th General Hospital, 67th Medical Group, dated 1 May 1967 * Special Orders Number 32, Headquarters, 37th Medical Battalion, Fort Sam Houston, Texas, dated 21 August 1967 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) REFERENCES: 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. 2. Army Regulation 600-200 (Enlisted Personnel Management) in effect at the time, states for the recognition of outstanding performance, local commanders are authorized to advance Private- E-2 individuals, who have at least 4 but less than 6 months for time in service with the constraint that advancement will not be made which will cause more than 20 percent of the command's assigned and attached E-2 strength to have less than the required 6 months. * Promotion to Private First Class, E-3, normal time in service criterion is established as 12 months and 4 months for the normal time in grade * Promotion to E-3 is not mandatory. 3. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army It also establishes standardized policy for preparing and distributing the DD Form 214. It stipulates that the DD Form 214 is a summary of a specific period of active duty service. There are no provisions allowing for the addition of achievements accomplished subsequent to the period covered by a DD Form 214. The version of the regulation in effect at the time of the applicant's release from active duty stipulated that the DA Form 20 would be the source record for entries on the DD Form 214 including rank and pay grade. DISCUSSION: 1. While 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, in the rank/grade of private/E-1 on 31 August 1966. 3. His letter, Headquarters, 5th Battalion, 2nd Brigade Basic Combat Training, U.S. Army Training Center Infantry, Fort Lewis, WA, dated 4 November 1966 show, after completing training he accelerated in advancement to private/E-2 with an effective date of the letter. 4. His last name is misspelled on his letter of accelerated advancement to Private E-2. It is shown as "Xxx__on" It should be "Xxx__XX." 5. Unit Orders Number 27, issued by Headquarters Unit Command, 250th General Hospital, 67th Medical Group, Fort Sam Houston, TX, on 1 May 1967, promoted him to private first class (PFC)/E-3 with the effective date of Orders. 6. Special Orders Number 32, issued by Headquarters, 37th Medical Battalion, Fort Sam Houston, TX, on 21 August 1967 temporarily promoted him to specialist four (SP4)/E-4, effective date of his Special Orders. His Personnel Qualification Record show he was eventually permanently promoted on the same day. 6. He was honorably released from active duty on 13 August 1969. His DD Form 214 shows in Block 5a (Grade, Rate or Rank), SP4, Block 4b (Pay Grade), E-4, and Block 6 (date of Rank) 21 August 1967. 7. By regulation (AR 635-5), the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty. The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. 8. By regulation (AR 15-185), the ABCMR limits corrective action to documents that can be individually reviewed after a Soldier's separation. The accelerated promotion memorandum is not normally accessible by individuals other than the Soldier. A correction of the name on this memorandum does not affect his promotion to E-2 at the time. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170014727 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2