BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004483 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he held the rank/pay grade of sergeant (SGT)/ E-5 rather than specialist four (SP4)/E-4 at the time of his release from active duty. 2. The applicant states he was promoted to SGT/E-5 while serving in the Republic of Vietnam during the summer of 1967 and wore this rank until his date of separation on 5 April 1968. While holding the rank, he filled the billets of Squad Leader in Vietnam and Acting Drill Instructor at Fort Polk, LA (post-Vietnam). 3. The applicant provides copies of: * DD Form 214 * 3 photographs and enlargement of 2 of them 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. The applicant's military personnel records show he was inducted into the Army of the United States and entered active duty on 6 April 1966 in the rank/pay grade of private (PVT)/E-1. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. The applicant served in the Republic of Vietnam from 10 November 1966 to 19 December 1967. He was assigned as a Grenadier in Company B, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade (Separate)(Light). 4. Company B, 3rd Battalion, 7th Infantry Regiment, 199th Infantry Brigade (Separate)(Light), Unit Orders Number 20, dated 28 May 1967, promoted the applicant to SP4/E-4 (Temporary). 5. DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 9 January 1968, shows the applicant accepted nonjudicial punishment after being apprehended by military police for driving 60 miles per hour in a forty-five mile per hour zone. This document shows his rank/pay grade as SP4/E-4 at the time. His punishment for this infraction did not include a reduction in rank/pay grade. 6. On 10 January 1968, he was assigned to a Drill Sergeant position in Company B, 4th Battalion, 1st Basic Combat Training Brigade, U.S. Army Training Center-Infantry, Fort Polk, LA. 7. An electronic message, dated 1 February 1968, shows the applicant’s new unit at Fort Polk contacted his previous unit in Vietnam to request a copy of the orders promoting the applicant from SP4/E-4 to SGT/E-5. 8. An electronic message, dated 25 March 1968, shows the applicant’s previous unit in Vietnam informed his new unit at Fort Polk that they had no record of promoting the applicant from SP4/E-4 to SGT/E-4 and that their reassignment orders pertaining to the applicant listed him as a SP4/E-5. 9. His record contains a U.S. Army Administration Center Form 816 (MOS Classification) which shows his MOS skill level was corrected from 4 to 2 on 19 April 1968. 10. Item 33 (Appointments and Reductions) of the applicant's DA Form 20 (Enlisted Qualification Record) covering his active duty service shows he was promoted to: * private (PV2)/E-2 (Permanent) on 6 June 1966 * private first class (PFC)/E-3 (Permanent) on 7 September 1966 * SP4/E-4 (Temporary) on 28 May 1967 * SGT/E-5 (Temporary) on 2 November 1967 (THIS ENTRY IS LINED THROUGH) 11. Headquarters, U.S. Army Training Center, Infantry and Fort Polk, LA, Special Orders Number 080, dated 29 March 1968, show the applicant was to be REFRAD in the rank of SP4/E-4 on 5 April 1968 and transferred to the U.S. Army Reserve (USAR). These orders also show he had 2 years of service in his current rank/pay grade of SP4/E-4. 12. A DA Form 2376 (Notification to State Adjutants General Release From Active Duty of Obligated Reservist), dated 28 March 1968, was sent to the Adjutant General of California to inform him the applicant was being released from active duty and had indicated that he would obtain an address in California upon release. This form shows he held the rank/pay grade of SP4/E-4 at the time. 13. The applicant's DD Form 214, dated 5 April 1968, shows in: * item 5a (Grade, Rate or Rank) SP4 (Temporary) * item 5b (Pay Grade) shows E-4 * item 6 (Date of Rank) 28 May 1967 * item 30 (Remarks) PFC/E-3 (Permanent) effective 7 September 1966 14. His record is void of evidence and he has not provided any evidence showing he was considered for promotion to SGT/E-5 and was subsequently selected for promotion. His record is void of orders and he has not provided any orders promoting him to either temporary or permanent SGT/E-5 during his period of active duty service. 15. Department of the Army, Office of The Adjutant General, USAR Components Personnel and Administration Center, Letter Orders Number 03-1121304, dated 22 March 1972, show the applicant was honorably discharged from the USAR effective 5 April 1972 in the rank/pay grade of SP4/E-4. 16. The applicant provides three photographs depicting a Soldier whose uniform has SGT rank insignia upon the sleeves. 17. Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, stated that company, troop, battery, and separate detachment commanders may appoint qualified individuals as acting corporals/E-4 and acting sergeants/E-5 to serve in position vacancies existing in their units, including those resulting from the temporary absence of an assigned noncommissioned officer (NCO). Acting NCOs were not entitled to pay and allowances of such higher grades and service as an acting NCO was not to be credited as time in a higher grade for promotion or date of rank purposes. 18. Appointment of acting NCO's and termination of such status will be announced in orders issued by the appointing authority. Acting NCO status will be terminated: * at the discretion of the unit commander who made the appointment * upon reassignment to another unit * upon assignment of a regularly-promoted NCO to the position * when casual groups reach their destination 19. 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 or rank and pay grade at the time of separation was entered in item 5a and item 5b of the DD Form 214. The effective date of the pay grade was entered in item 6. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his rank and pay grade recorded on his DD Form 214 should be corrected to show he was a SGT/E-5 at the time of his REFRAD. 2. Evidence shows the applicant was promoted to specialist four effective 28 May 1967. 3. There are no orders in the applicant's military personnel records jacket and he has not provided any orders promoting him to either the temporary or permanent rank of sergeant. Additionally, evidence shows that his final unit of assignment was advised by his unit in Vietnam that they had no record of him being promoted to SGT/E-5. 4. The photographs provided by the applicant are duly noted. However, he may have temporarily served as a SGT in an acting capacity which was self-terminating when he moved to a different duty position. 5. In view of the above, and in absence of evidence to the contrary, the evidence indicates the information currently entered in items 5a, 5b, and 6 of the applicant's DD Form 214 is correct. 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) AR20150004483 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004483 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1