IN THE CASE OF: BOARD DATE: 8 March 2016 DOCKET NUMBER: AR20150008064 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: 8 March 2016 DOCKET NUMBER: AR20150008064 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: 8 March 2016 DOCKET NUMBER: AR20150008064 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 promotion to the rank/pay grade of sergeant (SGT)/E-5. 2. The applicant states: a. He has a family history of serving this Nation. He initially enlisted for 4 years in the U.S. Marine Corps because even though he knew he would be drafted, he wanted to be among the best. Prior to being sworn in, his enlistment was rejected due to a medical condition. He was later drafted into the military. His military occupational specialty (MOS) was 11B (light weapons infantryman). He was never promoted beyond the rank of private first class (PFC). After some months in the jungle in Vietnam he was transferred to a staff sergeant/E-6 position, but he was never promoted. He was separated in the rank of PFC. b. He believes an 11B serving in Vietnam deserves the rank/pay grade of SGT/E-5. He is not seeking any monetary compensation, only justice due. An honorable promotion would mean a lot to him. This matter has been disturbing him for 48 years and he feels it is time for this adjustment. It's very embarrassing when he is talking with other veterans. He is almost 68 years of age and he is not requesting much, just a piece of paper stating SGT/E-5. 3. The applicant provides a letter from the National Personnel Records Center. Enclosure 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 the cases 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. 2. The applicant was inducted into the Army of the United States on 26 October 1966 and he held MOS 11B. He was promoted to PFC/E-3 on 22 April 1967. He served in Vietnam from 17 April 1967 through 25 September 1968. 3. On 2 March 1968, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice for disobeying a lawful order from his commissioned officer. His punishment included a reduction to pay grade E-2, a forfeiture of pay, and extra duty. Accordingly, he was reduced to pay grade E-2 on 8 March 1968. 4. He was again promoted to pay grade E-3 on 8 July 1968. 5. He was honorably released from active duty in the rank/pay grade of PFC/E-3 on 4 September 1968 and was transferred to the U.S. Army Reserve (USAR). He was credited with completing 1 year, 10 months, and 9 days of net active service. 6. Letter Orders Number 09-1376675, issued by the USAR Components Personnel and Administrative Center on 20 September 1972, honorably discharged him from the USAR effective 25 October 1975. The orders list his rank as PFC. REFERENCES: Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed the policies and procedures pertaining to career management of Army enlisted personnel. Paragraph 7-13 of the regulation stated promotion to pay grade E-5 required completion of 8 months of time in the lower grade (pay grade E-4). To be eligible for temporary appointment to pay grade E-5, an individual must be recommended by the unit commander. There were no provisions for automatic and/or honorable promotion to pay grade E-5 for personnel serving in MOS 11B in Vietnam. DISCUSSION: 1. The highest grade the applicant held during his period of active duty and at the time of his separation was PFC. Regulatory guidance specified that temporary promotion to pay grade E-5 required completion of 8 months of time in the lower grade (pay grade E-4). 2. There is no evidence showing he was eligible or authorized promotion to the rank/pay grade of SGT/E-5 prior to his separation. The assumption of a duty position does not automatically confer promotion of a Soldier. 3. In the absence of evidence showing he met the criteria for promotion to SGT/E-5, there was no known policy to automatically or honorably advance or promote a Soldier to that grade solely based on the fact they served in MOS 11B in Vietnam. He was also discharged from the USAR in the rank of PFC. 4. In making this determination, the applicant and all others concerned should know that this nation in no way diminishes the sacrifices made by him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms. //NOTHING FOLLOWS// ABCMR Record of Proceedings @#!CASENUMBER Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008064 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1