IN THE CASE OF: BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150008933 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________x ____x___ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150008933 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. Enclosure 1 IN THE CASE OF: BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150008933 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, in effect, correction of his records to show he was promoted to sergeant (SGT)/E-5 prior to his 1971 separation. 2. The applicant states he passed the promotion review board in Phu Bai, Vietnam in June 1971. 3. The applicant provides: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Lineal List for Promotion to Grades E-6 and E-5, dated 30 June 1971 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 Enclosure 2 timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was inducted into the United States Army on 14 April 1970 in the rank/pay grade of private/E-1. He was trained in and held military occupational specialty (MOS) 72B (Communications Center Specialist). 3. Unit Orders Number 67, issued by Company B, 3rd School Brigade, U.S. Army Southern Signal School, Fort Gordon, GA on 8 September 1970 promoted him to private first class/E-3 effective 8 September 1970. 4. Special Orders Number 208, issued by Headquarters, U.S. Army Southern Signal School, Fort Gordon, GA, on 11 September 1970 promoted him to specialist four (SP4)/E-4 effective 11 September 1970. 5. He served in Vietnam from 15 October 1970 to 4 November 1971. He was assigned to the 63rd Signal Company, 63rd Signal Battalion. 6. He provides a Lineal List for Promotion to Grades E-6 and E-5, dated 30 June 1971. This list shows he was placed on the E-5 recommended promotion list for the 63rd Signal Battalion, effective 23 July 1971. He was assigned 556 promotion points resulting in his placement in the 26th position on the list. 7. The special orders that ordered his reassignment from the 63rd Signal Company to Fort Lewis, WA for separation out-processing are not available for review with this case. 8. Special Orders Number 308, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA on 4 November 1971 ordered his release from active duty effective 5 November 1971. The orders listed his rank as SP4. 9. Item 33 (Appointments and Reductions) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he held the rank/grade of SP4/E-4 at the time of his separation. 10. He was honorably released from active duty on 5 November 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows in: * Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) show SP4/E-4 * Item 6 (Date of Rank) shows 11 September 1970 11. There are no orders in his records that show he was promoted to E-5. REFERENCES: 1. 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 part, that the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders. 2. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It states, in part, that items 5a and 5b will show the active duty rank and pay grade at the time of the Soldier's separation, the rank is taken from the Soldier’s promotion/reduction orders, and item 6 shows the date of rank. DISCUSSION: 1. The evidence of record shows the applicant was advanced to SP4/E-4 on 11 September 1970. He then served in Vietnam with the 63rd Signal Battalion from 15 October 1970 to 4 November 1971. He provides a list that confirms he was placed in the 26th position (#1 being the first for promotion purposes) on the 63rd Signal Battalion's standing list. However, a recommendation for promotion is not the same as an actual promotion. 2. He was recommended for promotion to E-5. However, his promotion would have been contingent on the availability of a higher grade position vacancy for his MOS, a verification of his eligibility as the next person in line and most eligible for such vacancy, and the publication of the promotion instrument (order). 3. His record is void of orders advancing him to E-5. Item 33 of his DA Form 20 does not show he was promoted to E-5 and all available orders in his records confirm he held the rank/grade of SP4/E-4 on 5 November 1971. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150008933 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008933 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1