BOARD DATE: 26 November 2013 DOCKET NUMBER: AR20130006526 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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5. 2. The applicant states he went before a promotion board, after which a promotion list was posted on 8 June 1970. He was selected for promotion to SSG. His expiration of term of service (ETS) was on 24 June 1970. He did receive promotion orders, but he is unable to locate them after all this time. 3. The applicant provides seven photographs, a National Dusters Quads and Searchlight Association membership card, and a DA Form 2496-1 (Disposition Form), dated 8 June 1970. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120002051, on 17 July 2012. 2. The applicant provides documents that were not available to the Board during the previous consideration of his request. These documents are new evidence that warrants consideration by the Board. 3. The applicant was inducted into the Army of the United States on 13 August 1968. He held military occupational specialty 16F (Light Air Defense Artillery Crewman). 4. He served in the Republic of Vietnam (RVN) from 25 June 1969 to 24 June 1970. He performed duties as a squad leader. 5. His service records do not contain orders promoting him to SSG/E-6. 6. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows SGT/E-5 as the highest rank/grade he held. 7. He was honorably released from active duty on 24 June 1970. He completed 1 year, 10 months, and 12 days of creditable active service. His DD Form 214 shows in: * Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) the entries "SGT" and "E-5" respectively * Item 6 (Date of Rank) shows the entry "11 April 1969" 8. The applicant provides seven photographs that show him with fellow Soldiers, him with track artillery vehicles, and him wearing a SSG duty armband on his left arm. 9. He provides a DA Form 2496-1, dated 8 June 1970, showing he was recommended and selected for promotion to the rank of E-6. 10. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. It stated, in pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders. 11. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It states items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation and item 6 shows the date of rank. DISCUSSION AND CONCLUSIONS: 1. The applicant provided photographs as new evidence. However, the photographs are insufficient evidence to show he was promoted to SSG prior to his honorable release from active duty on 24 June 1970. His DA Form 20 shows the highest rank/grade he attained was SGT/E-5 and his DD Form 214 shows his rank as SGT. 2. He was recommended for promotion to SSG/E-6, but his promotion would have been contingent on the publication of orders. His service records do not contain official orders promoting him to SSG/E-6. In the absence of documentary evidence confirming he was promoted to SSG/E-6, there is insufficient evidence to grant him the requested relief. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120002051, dated 17 July 2012. _______ _ X_______ ___ 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. ABCMR Record of Proceedings (cont) AR20130006526 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130006526 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1