IN THE CASE OF: BOARD DATE: 7 October 2021 DOCKET NUMBER: AR20210010839 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 December 1969 to show he was separated in the rank/grade of private first class (PFC)/E-3 instead of private second class (PV2)/E-2 and possible back pay as a result. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Self-authored Statement * DD Form 214 * DD Form 827 (Application for Arrears in Pay) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 the rank shown on his DD Form 214 is incorrect. He was stationed in Germany from 1968 to 1969. In April 1969, he was promoted to the rank of PFC. After his active duty service, he joined the Army National Guard. He now believes he was not paid as a PFC. 3. The applicant enlisted in the Regular Army on 5 January 1967. 4. His DA Form 20 (Enlisted Qualification Record) shows he was promoted to the rank/grade of PV2/E-2 on 5 May 1967. 5. Headquarters and Headquarters Company, 2d Battalion School Brigade, Aberdeen Proving Ground, MD, Unit Order Number 66, 26 September 1967, promoted him to the rank/grade of PFC/E-3 on 26 September 1967. 6. The applicant accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 14 June 1968 while assigned in the Federal Republic of Germany for failing to go to his appointed place of duty without proper authority on 9 June 1968, to wit: Guard Post Number 2, and being disrespectful in language toward a superior noncommissioned officer. These are violations of Article 68 and Article 91 of the UCMJ. He was reduced to the rank of PV2, suspended for 60 days, unless the suspension is sooner vacated. 7. Headquarters, 34th Signal Battalion, Corps, Summary Court Martial Order Number 2, 27 December 1968, shows the applicant was found guilty of violating Article 86 of the UCMJ for failing to go at the time prescribed to his appointed place of duty without authority on or about 3 December 1968, to wit: general issue inspection formation. His sentence was adjudged on 27 December 1968. His sentence consisted of reduction to the rank/grade of private (PV1)/E-1 and performance of hard labor without confinement for a period of 45 days. The sentence was approved and ordered executed the same date. 8. His DA Form 20 shows he was promoted to PV2/E-2 on 20 February 1969. 9. Company D, 82d Engineer Battalion, Unit Orders Number 19, 16 March 1969, shows he was promoted to the rank/grade of PFC/E-3 on 16 March 1969. 10. The applicant accepted NJP under the provisions of Article 15 of the UCMJ on 21 April 1969 while assigned in the Federal Republic of Germany for failing to go to his appointed place of duty on or about 0100 hours, 20 April 1969, and remaining so absent until on or about 0800 hours, 20 April 1969. He was reduced to the grade of PV2, suspended for 90 days, unless the suspension is sooner vacated. 11. Although not available for review, it appears the applicant's suspension was vacated. The applicant, in the rank/grade of PV2/E-2, accepted NJP, under the provisions of Article 15 of the UCMJ, on or about 0100 hours, 8 June 1969, for without proper authority absent himself from his unit and did remain so absent until on or about 0600 hours, 8 June 1969. 12. The applicant accepted NJP under the provisions of Article 15 of the UCMJ on 8 October 1969 while assigned in the Federal Republic of Germany for: a. failing to go to his appointed place of duty on or about 25 September 1969, to wit: reveille formation; b. having received a lawful order from a superior commissioned officer to bring his vehicle registration and U.S. Army Europe license within 30 minutes on or about 3 October 1969, willfully disobeying the same; and c. violating a lawful regulation on or about 4 October 1969, to wit: by displaying forged license plates on his privately owned vehicle. d. His punishment consisted of restriction, extra duty, forfeiture of pay for 1 month, and reduction to the pay grade of PV1/E-1 on 10 October 1969. 13. Although not available for review, it appears the applicant was promoted to PV2/E-2 prior to his separation. Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, Special Orders Number 339, 5 December 1969, relieved him from active duty and transferred him to the U.S. Army Reserve effective 5 December 1969. His rank/grade is shown as PV2/E-2. 14. The applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 5 December 1969. He completed 2 years, 11 months, and 1 day of total active service. Items 5a and 5b of his DD Form 214 show his rank/grade as PV2 (permanent) and E-2, respectively. 15. A review of the applicant's Official Military Personnel File failed to reveal any documentation showing he was promoted to the rank/grade of PFC/E-3 prior to his separation from active duty. 16. The applicant provided a DD Form 827, undated, wherein he states he was promoted to E-3 and was only paid as an E-2 from 24 April 1969 to 5 December 1969. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. Although the applicant was advance to PFC/E-3 twice, due to punishment he received for misconduct, he no longer held that grade at the time of his release from active duty. The Board determined the rank/grade shown on the applicant's DD Form 214 is not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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. 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, 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 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 635-5 (Separation Documents), 23 January 1967, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The specific instructions stated for item 5a to enter the grade in which serving at the time of separation, indicating whether permanent or temporary; e.g., "MSG (P)" or "MSG (T)"; and for item 5b, enter the pay grade, e.g., "E-8" or "E-4." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010839 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1