IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150005230 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 his rank/grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4. 2. The applicant states: * he had unit orders appointing him to the rank of Acting SGT for the period 25 September 1972 until 19 April 1973 at the time of his discharge * he never received any more pay and he was given stars and stripes for his uniform * he is proud to wear his uniform on patriotic holidays and he wants the stripes on his uniform to correspond with his DD Form 214 or DD Form 215 (Correction to DD Form 214) 3. The applicant provides a copy of Headquarters and Service Battery, 3d Battalion, 79th Field Artillery Regiment, Unit Orders Number 49, dated 25 September 1972. 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 was inducted in the Army of the United States on 20 April 1971 in the rank/grade of private/E-1. 3. On 7 July 1972, he was promoted to the rank/grade of SP4/E-4. 4. He provided a copy of Headquarters and Service Battery, 3d Battalion, 79th Field Artillery Regiment, Unit Orders Number 49, dated 25 September 1972, directing his appointment to the rank of Acting SGT. 5. Item 31 (Foreign Service) and item 38 (Record of Assignments) of his DA Form 20 (Enlisted Personnel Qualification Record) show, in part, he was assigned to Headquarters and Service Battery, 3d Battalion, 79th Field Artillery Regiment, U.S. Army Europe, Germany, from on or about 9 April 1972 through on or about 16 April 1973. 6. Headquarters, V Corps, Special Orders Number 36 Extract, dated 5 February 1973, reassigned him to U.S. Army Transfer Station, Fort Dix, NJ, for separation processing with a reporting date of 18 April 1973. The special instructions stated, in part, to comply with Army Regulation 310-10 (Military Orders), appendix B, item 31. 7. Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, Special Orders Number 107 Extract, dated 17 April 1973, released him from active duty effective 17 April 1973. 8. His DD Form 214 shows he was honorably released from active duty and transferred to the U.S. Army Control Group (Annual Training) on 17 April 1973 in the rank/grade of SP4/E-4. 9. 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. a.  Paragraph 7-52 (Appointment) stated company, troop, battery, and separate detachment commanders could appoint qualified individuals as acting corporals/E-4 and acting SGTs/E-5 to serve in position vacancies existing in their units at their present or higher grade, including those resulting from temporary absences of assigned noncommissioned officers. b.  Paragraph 7-53 (Orders) stated appointment of acting noncommissioned officers would be announced in orders. An acting noncommissioned officer's status would be terminated upon reassignment to another unit. Termination due to reassignment would be accomplished in the additional instructions of the orders effecting the reassignment in accordance with Army Regulation 310-10, appendix B. 10. Army Regulation 310-10, appendix B, item 31, in effect at the time, stated acting noncommissioned officer status was terminated effective upon reassignment. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to show his rank/grade as SGT/E-5 was carefully considered. 2. Although the applicant was appointed to the rank of Acting SGT on 25 September 1972, this was not a permanent promotion and terminated upon his reassignment from Headquarters and Service Battery, 3d Battalion, 79th Field Artillery Regiment, in accordance with regulations in effect at the time. 3. His DD Form 214 properly shows the rank/grade of SP4/E-4 held by him at the time of his release from active duty. 4. In view of the foregoing evidence, there is an insufficient basis for granting 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 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) AR20150005230 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005230 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1