ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 October 2019 DOCKET NUMBER: AR20170016610 APPLICANT REQUESTS: His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect in block 5a (Grade, Rate, or Rank) specialist five (SP5) block 5b (Pay Grade)(E-5) vice specialist four (SP4)(E-4). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter to NPRC, dated 6 April 2017 * Letter from Human Resource Service Center, dated 19 July 2017 * Letter from applicant, dated 27 September 2017 * Letters to parents in 1969/70 * DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 31 May 1970 * Letter of Appreciation, dated 4 June 1970 * Letter Orders Number 07-1240760 (Discharge from USAR, dated 24 July 1974 * Honorable Discharge Certificate, dated 1 August 1974 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 (ABCMR) 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 with the rank of SP5/E-5, but his discharge papers reflect the rank of SP4/E-4. He has requested a correction previously, as noted on the enclosed correspondence from the Human Resource Service Center. They, however, were unable to verify his request and suggested that he submit this request. He states for the last several months of his service his pay should have indicated payment at the E-5 rate at that time. He can only say that his rank was changed, temporarily, to (sergeant) SGT/E-5 for a short time and was then changed to SP5/E-5. He carried this rank for the last several months of service in Daegu, Korea and wore this rank on discharge. His DD Form 214 does not reflect this rank. He has been approved to be interred at Jefferson Barracks National Cemetery and would like his plaque to reflect accurate information regarding the rank that he earned. 3. The applicant provides: a. Letter to NPRC, dated 6 April 2017 stating blocks 5a (Rank) and 5b (Pay Grade) listed him as SP4/E-4. His rank was temporarily changed to SGT/E-5 and shortly thereafter, to SP5/E-5. b. Letter from Human Resource Service Center, dated 19 July 2017 stating unfortunately, that command is unable to verify the requested correction. He may apply to Army Review Board Agency who has authority over request for changes to military records. c. Letter from applicant, dated 27 September 2017 stating he found additional correspondence that will provide further evidence of his rank of SP5/E-5. d. Letters to parents in 1969/70 stating he had been promoted to SP5. e. DA Form 1811, dated 31 May 1970 showing his rank as SP5. f. Letter of Appreciation, dated 4 June 1970 showing his rank as SP5 expressing appreciation for the exemplary manner in which he executed his assigned duties during the past six months as a computer programmer in the Systems and Programming Division. g. Letter Orders Number 07-1240760 (Discharge from USAR, dated 24 July 1974 showing his rank as SP5 in the standby reserve. Date of discharge from the standby reserve was 1 August 1974. h. Honorable Discharge Certificate, dated 1 August 1974 showing his rank as SP5 in the US Army Reserve (USAR). 4. A review of the applicant’s service records shows the following: a. He was inducted into the Army of the United States on 26 August 1968. b. His DA Form 20 (Enlisted Qualification Record) shows in block 33 (Appointments and Reductions) his highest rank held as SP4/E-4 (T) with a date of rank as 18 February 1969. c. Unit Order Number 9, dated 18 February 1969 shows he was appointed to temporary grade of SP4/E-4. d. Special Orders Number 151, dated 31 May 1970 showing he was relieved from active duty and transferred to the USAR. The effective date of reserve assignment is 1 June 1970. His rank shows as SP5. e. DD Form 214 shows he was honorably released from active duty and transferred to the USAR on 31 May 1970. His DD Form 214 shows his rank and pay grade as SP4/ E-4 with a date of rank as 18 February 1969. f. Letter Orders Number 07-1240760, dated 24 July 1974 shows he was honorably discharged from the USAR on 1 August 1974 in the grade of SP5. 5. By regulation, Army Regulation 635-5 (Personnel Separations-Separation Documents) in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the Army and establishes standardized procedures for the preparation and distribution of these documents. 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. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found evidence to show the applicant was in fact a SP5. Despite the absence of a promotion order, Board members found sufficient evidence to grant relief. However, the absence of a promotion order makes problematic to establish the exact date he was a SP5. Board members felt a correction of his DD Form 214 to show SP5/E-5 on the date of discharge is reasonable, and as such no pay would have accrued. If the applicant can produce the promotion order, which shows the specific date of promotion to SP5, he can reapply to this Board for further correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending his DD Form 214 for the period ending 31 May 1970 to show his rank as SGT, his pay grade as E-5, and his date of rank/effective date of pay grade as 31 May 1970. 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. 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 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 (Personnel Separations-Separation Documents) in effect at the time, prescribes the separation documents that will be furnished each individual who is separated from the Army and establishes standardized procedures for the preparation and distribution of these documents. a. Section III paragraph 21b Item 5a states enter grade in which serving at time of separation, indicating whether permanent or temporary. Example: "MSG (P)” or "MSG (T)." b. Section III paragraph 22b Item 5b states enter pay grade, e.g., "E-8" or "E-4." c. 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. The information entered thereon reflects the conditions as they existed at the time of separation. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170016610 4 1