IN THE CASE OF: BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150005566 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: a. 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 vice specialist four (SP4)/E-4; and b. correction of all pertinent documents dated from 28 March 1964 to 2 November 1964 to show his rank/grade as SGT/E-5, vice specialist four (SP4)/E-4, and his position as that of "Motor SGT." 2. The applicant states, in effect, he served as a Motor SGT and was even offered a staff sergeant (SSG)/E-6 position, which he declined. His records do not properly reflect his rank/grade as SGT/E-5. 3. The applicant provides copies of: * DD Form 214 * 4th Indorsement, dated 17 February 1963 * Special Orders Number 79, issued by Headquarters, XXI U.S. Army Corps, Indiantown Gap Military Reservation on 19 March 1964 * Letter Orders, issued by Headquarters, XXI U.S. Army Corps, Indiantown Gap Military Reservation on 2 April 1964 * DD Form 220 (Active Duty Report), dated 11 July 1964 * a photograph of two Soldiers in front of a tracked vehicle * an extract of his DA Form 20 (Enlisted Qualification Record) (page 2) 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 enlisted in Regular Army on 10 July 1959 and held military occupational specialty 635.10 (Automotive Repairman). 3. His record contains a DA Form 24 (Service Record) covering the period 10 July 1959 to 25 June 1962. This form shows he attained/was promoted to the permanent and/or temporary rank/grade of: a. Recruit - Private/E-1 (Permanent) in accordance with Army Regulation 601-210 (Personnel Procurement Qualifications and Procedures for Processing Applicants for Enlistment and Reenlistment in the Regular Army). His effective date and date of rank (DOR) was listed as 10 July 1959. b. Private (PV2)/E-2 (Permanent) in accordance with Army Regulation 624-200, paragraph 18a (Promotions, Demotions, and Reductions Appointment and Reduction of Enlisted Personnel). His effective date and DOR was listed as 10 November 1959. c. Private First Class (PFC)/E-3 (Temporary) by Special Orders Number 42, issued by Headquarters, 24th Infantry Division on 15 March 1960. His effective date and DOR was listed as 15 March 1960. d. Specialist Four (SP4)/E-4 (Temporary) by Special Orders Number 183, issued by Headquarters, 24th Infantry Division on 15 September 1960. His effective date and DOR was listed as 14 September 1960. e. PFC/E-3 (Permanent) by Special Orders Number 149, issued by Headquarters, 24th Infantry Division, on 29 June 1961. His effective date was listed as 29 June 1961 and his DOR was listed as 15 March 1960. 4. His record contains a Standard Form (SF) 89 (Report of Medical History) and an SF 88 (Report of Medical Examination), dated 28 April 1962; both forms show his rank as SP4/E-4. 5. Special Orders Number 172, issued by Headquarters, U.S. Army Personnel Center, Fort Hamilton, Brooklyn, New York on 21 June 1962, show his rank/grade as SP4/E-4. 6. His record contains a DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 25 June 1962, which listed his rank as SP4. 7. His record does not contain promotion orders or any other documents that show he was promoted to the rank/grade of SGT/E-5 during the period 10 July 1959 to 25 June 1962. 8. He was honorably released from active duty on 25 June 1962. His DD Form 214 shows he held the permanent rank/grade of PFC and the temporary rank/grade of SP4/E-4 and he was transferred to U.S. Army Reserve (USAR) Control Group (Reinforcement). 9. His record contains a DA Form 24 (Service Record) covering the period 25 June 1962 to 9 July 1965 and a DA Form 20. These records show: a. upon entering the USAR he was promoted to the permanent rank/grade of SP4/E-4 in accordance with Army Regulation 140-158 (Army Reserve Enlisted Personnel – Promotions and Reductions, paragraph 5. b. he was assigned to the USAR Control Group (Reinforcement), from 26 June 1962 to 27 March 1964, in the rank/grade of SP4/E-4. During this period, there was no duty position listed and his conduct and efficiency ratings were unknown. c. he was assigned to Company A, 6th Battalion, 68th Armor Regiment of the Pennsylvania Army National Guard (PAARNG), from 28 March 1964 to 1 November 1964, in the rank/grade of SP4/E-4. During this period, his duty position was listed as motor SGT and his conduct and efficiency ratings were listed as unsatisfactory. He was subsequently transferred back to USAR Control Group (Reinforcement) on 2 November 1964. 10. His record does not contain discharge orders. 11. His record does not contain promotion orders or any other evidence that shows he was promoted to the rank/grade of SGT/E-5 during the period 26 June 1962 to 2 November 1964. 12. The applicant provides several documents as evidence; however, none of the provided documents list his rank/grade as SGT/E-5. He also provides a photograph of two Soldiers; however, the Soldier's ranks are not visible/discernable. 13. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated the promotion of enlisted personnel to grades E-3 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders. Field grade commanders in the rank of lieutenant colonel or higher could promote to E-5. 14. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The version in effect at the time stated items 5a and 5b show the rank/grade in which a member was serving at the time of separation and item 6 shows the date of rank for the grade shown in item 5a. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows at the time of his release from active duty on 25 June 1962, the applicant held the permanent rank/grade of PFC and the temporary rank/grade of SP4/E-4. 2. There are no records, promotion orders, or other evidence that shows he was promoted to the rank/grade of SGT/E-5 during his period of active duty service. 3. He was promoted to the permanent rank/grade of SP4/E-4 on 26 June 1962; the date he was transferred to USAR Control Group Reinforcement. He remained in USAR Control Group Reinforcement until 27 March 1964. His service during this period was as a SP4/E-4. 4. He was assigned the PAARNG in the rank/grade of SP4/E-4, where he served in Company A, 6th Battalion, 68th Armor Regiment from 28 March 1964 to 1 November 1964. During this period, his rank was listed as SP4/E-4 and his duty position was listed as that of "Motor SGT." a. His conduct and efficiency ratings indicate he performed poorly in this position. b. The title of a Soldier's duty position is not the same thing as their rank/grade. Having the title of "Motor SGT" does not translate to a promotion to the rank/grade of SGT/E-5. c. At the time of the applicant's service, promotions to the rank/grade of SGT/E-5 were required to be announced in routine orders. d. There are no records, promotion orders, or other evidence showing he was promoted to the rank/grade of SGT/E-5 during the period 28 March 1964 to 1 November 1964. 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) AR20150005566 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005566 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1