IN THE CASE OF: BOARD DATE: 16 December 2020 DOCKET NUMBER: AR20200004051 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 23 December 1971 to show his rank/grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) with auxiliary documents * Company D, 1st Battalion (Airmobile), 502d Infantry, APO San Francisco Unit Orders Number 28, 30 August 1971 * DD Form 214 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was told his rank to SGT would be adjusted in 60 days which never happened. 3. The applicant was inducted into the Army of the United States on 19 May 1970. 4. Item 33 (Appointments and Reductions) of his DA 20 (Enlisted Qualification Record) shows the following promotions: * PV1/E-1 with a date of rank (DOR) of 19 May 1970 * PV2/E-2 with a DOR of 19 September 1970 * PFC/E-3 with a DOR of 14 November 1970 * SP4/E-4 with a DOR of 10 May 1971 5. Company D, 1st Battalion (Airmobile), 502d Infantry APO, San Francisco Unit Orders Number 28, 30 August 1971 shows he was appointed as an acting noncommissioned officer (sergeant (E-5)) in accordance with Army Regulation 600-200 (Enlisted Personnel Management System), paragraph 7-10. 6. His DA Form 20 shows he served in the Republic of Vietnam from on or about 14 November 1970 through on or about 13 November 1971. 7. Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO Special Orders Number 356, 22 December 1971 ordered his release from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) effective 23 December 1971. The standard name line shows his rank as SP4. 8. The applicant was honorably released from active duty and transferred to the USAR Control Group (Annual Training) on 23 December 1971. Item 5a (Grade, Rate or Rank) and item 5b (Pay Grade) of his DD Form 214 shows "SP4" and "E-4" respectively. 9. Department of the Army, Reserve Components Personnel and Administration Center Letter Orders Number 04-1077998, 28 April 1976 shows he was honorably discharged from the USR effective 1 May 1976. These orders show his rank as SP4. 10. A review of his Official Military Personnel File (OMPF) is void of an order promoting him to the permanent rank/grade of sergeant (SGT)/E-5. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement and his military record of service. The Board determined his record is absent evidence that shows he was promoted to SGT/E-5 prior to his discharge. Based on regulatory guidance, promotion to SGT/E-5 are announced with official orders. The Board agreed the request for relief has no merit as the available evidence does not support the applicant was ever promoted to the rank of Sergeant(SGT). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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. REFERENCES: 1. Title 10, United States 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. 2. Army Regulation 635-5 (Separation Documents), 23 January 1967, prescribed the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214. It established standardized policy for preparing and distributing the DD Form 214. Section III contains the specific instructions for the preparation of the DD Form 214. These instructions stated for item 5a (Grade, Rate or Rank) and item 5b (Pay Grade) to enter the active duty grade and pay grade at the time of separation, respectively. 3. Army Regulation 600-200 (Enlisted Personnel Management System), 24 March 1965, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. a. It states promotion of enlisted personnel to grade E-3 through E-9, appointments, grade reductions, and grade restorations will be announced in routine orders. Orders will be issued by commands for promotion to grades E-5 and E-6 when Headquarters, Department of the Army announces each month the promotion point cutoff scores for each grade. b. Paragraph 7-10 (Acting noncommissioned officers) states company, troop, battery, and separate detachment commanders may appoint qualified individuals as acting corporals, E-4, and acting sergeants, E-5, to fill position vacancies existing in their units. (1) Acting noncommissioned officers are not entitled to pay and allowances of such higher grades, and service as an acting noncommissioned officer will not be credited as time in a higher grade for promotion or date of rank purposes. (2) Appointment of acting noncommissioned officers and termination of such status will be announced in orders issued by the appointing authority. Acting noncommissioned officers' status will be terminated - (a) At the discretion of the unit commander who made the appointment. (b) Upon reassignment to another unit. (c) Upon assignment of a regularly promoted noncommissioned officer to the position. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200004051 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1