BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004252 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 his rank on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 20 December 1968 be corrected to sergeant (SGT)/pay grade E-5 instead of specialist four (SP4)/pay grade E-4. 2. The applicant states he was an E-4 when he arrived in Vietnam. He was promoted to SGT. 3. The applicant provides: * an undated letter from Headquarters (HQ), 4th Infantry Division subject: Recommendation for Promotion (Medical Evacuees) * DD Form 214 CONSIDERATION OF EVIDENCE: 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. While it appears 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. On 29 December 1966, he enlisted in the Regular Army. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. On 29 May 1967, he was assigned to Company A, 1st Battalion, 35th Infantry, 4th Infantry Division in the Republic of Vietnam. 4. HQ, 4th Infantry Division Special Orders Number 153, dated 2 June 1967, promoted him to private first class (PFC)/pay grade E-3. 5. On 18 December 1967, he was assigned as a patient to Camp Kwie Hospital, Okinawa. 6. On 21 February 1968, he was assigned to Company A, 1st Battalion, 35th Infantry, 4th Infantry Division in the Republic of Vietnam. 7. An undated letter from HQ, 4th Infantry Division, subject; Recommendation for Promotion (Medical Evacuees) identifies the applicant as a PFC. The letter states the applicant did not appear before a promotion board and was not selected for promotion prior to evacuation from the Republic of Vietnam. Promotion was approved and all waiverable criteria was approved. 8. 1st Battalion, 35th Infantry (The Cacti), 3rd Brigade, 4th Infantry Division Unit Order Number 34, dated 28 April 1968, promoted the applicant to SP4. 9. On 15 May 1968, he was returned to the continental U.S. 10. On 30 October 1968, he accepted nonjudicial punishment (NJP) for failing to go at the time prescribed to his appointed place of duty. His punishment included a reduction to PFC, suspended for 60 days. 11. On 20 December 1968, he was released from active duty. He completed 1 year, 11 months, and 7 days that was characterized as honorable. His DD Form 214 shows his rank as SP4 and his pay grade as E-4. 12. There are no orders in his official military personnel file (OMPF) promoting him to SGT. 13. Army Regulation 600-200 (Enlisted Personnel Management System), Chapter 7, in effect at the time, contained an Army-wide promotion policy which set Army-wide standards, while at the same time offering Army-wide opportunities for advancement. a. Paragraph 7-4 stated that promotion of enlisted personnel to grades E-3 through E-9 was announced in routine orders. b. Paragraph 7-6g stated individuals were in a nonpromotable status and would not be advanced to a higher grade while undergoing punishment imposed under Article 15, Uniform Code of Military Justice (UCMJ), or during the term of any suspension of punishment imposed. Nonpromotable status becomes effective on the date of the punishment is initiated. Promotable status is regained on the day following completion of the punishment or forfeiture or detention period. 14. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the active duty grade at the time of separation would be entered on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. On 30 October 1968, the applicant received NJP including a reduction to PFC that was suspended for 60 days. His punishment would have been completed on 31 December 1968. He was released from active duty on 20 December 1968. He was in a nonpromotable status from the time he received NJP until his date of release from active duty. 2. There are no orders in his OMPF promoting him to SGT. 3. The applicant was serving the rank of SP4/pay grade E-4 at the time of his separation. 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 for correction of the records of the individual concerned. _______ _ 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) AR20150004252 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004252 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1