BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017171 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 BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017171 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 AR20140019804, on 23 June 2015. ___________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. BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017171 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 of staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5. 2. The applicant states due to an administrative error, upon his release from active duty, his DD Form 214 reflected the incorrect rank and grade. 3. The applicant provides: * 1968 DD Form 214 * 1977 NGB Form 22 (Report of Separation and Record of Service) 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 AR20140019804, on 23 June 2015. 2. The applicant provides a new argument, and an NGB Form 22 that was not previously available. This is considered new evidence and warrants consideration by the Board. 3. The applicant enlisted in the Regular Army on 7 June 1965 and he held military occupational specialty (MOS) 11B (Light Weapons Infantryman). 4. He served in Vietnam from on or about 29 November 1965 to on or about 18 November 1966. He was advanced to corporal/E-4 on 8 August 1966. 5. On 27 February 1967, Headquarters, 101st Airborne Division, Fort Campbell, KY, published Special Orders Number 10 promoting him to SGT/E-5, effective 27 February 1967. 6. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows the entry SGT/E-5 as the highest rank/grade he held. 7. On 6 June 2008, Headquarters, Personnel Center, U.S. Army Garrison Troop Command, Fort Bragg, NC, published Special Orders Number 118 showing he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) effective 7 June 1968. These orders listed his rank as a SGT. 8. His service records do not contain orders promoting him to SSG/E-6. 9. He was honorably released from active duty on 7 June 1968. He completed 3 years and 1 month of creditable active service. His DD Form 214 shows in: * Items 5a (Grade, Rate or Rank) and 5b (Pay Grade), the entries "SGT (P) [Permanent])" and "E-5" respectively * Item 6 (Date of Rank), shows the entry 27 February 1967 10. He was honorably discharged from the U.S. Army Reserve Control Group on 6 June 1971, upon completion of his service remaining requirements. His discharge orders listed his rank as SGT. 11. It appears he enlisted in the Texas Army National Guard (TXARNG) on 18 February 1974. His NGB Form 22 shows he was honorably discharged from the TXARNG on 18 February 1977. This form also shows: * he had enlisted for a 3-year term * his grade at the time of separation from the ARNG was E-6 * the highest rank/grade he held in the ARNG was SSG/E-6 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 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. 2. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. 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; the rank is taken from the Soldier’s promotion/reduction orders; and item 6 shows the date of rank. DISCUSSION: The applicant completed two periods of service: the first on active duty and the second in the ARNG: a. He served on active duty from 7 June 1965 to 7 June 1968. During his active duty service, the highest rank/grade he attained was that of SGT/E-5. This is confirmed by the promotion orders, the entry on his DA Form 20, and his separation orders. There is no evidence in his records and he did not provide any evidence showing he was promoted to SSG/E-6 prior to his honorable release from active duty on 7 June 1968. The DD Form 214 is a synopsis of a Soldier's period of continuous active service. b. The applicant also served in the TXARNG from 18 February 1974 to 18 February 1977. It appears he was promoted to SSG/E-6 during his service in the ARNG which was after his release from active duty. His NGB Form 22 supports the fact he attained the rank of SSG in the TXARNG. c. There is no regulatory provision allowing for the correction of a DD Form 214 to show a Soldier's rank that he attained in a Reserve Component after release from active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017171 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017171 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2