IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150010539 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: 19 May 2016 DOCKET NUMBER: AR20150010539 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. IN THE CASE OF: BOARD DATE: 19 May 2016 DOCKET NUMBER: AR20150010539 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was promoted to the rank of sergeant (SGT)/pay grade E-5. 2. The applicant states, in effect, that he was laterally promoted from specialist five (SP5) to SGT (E-5) in December 1971. He states that his DD Form 214 is incorrect because it shows his rank as SP5. He adds that the correction will assist him in arranging his personal affairs. 3. The applicant provides copies of his two DD Forms 214 and three letters. 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 the Regular Army (RA) on 11 July 1968 for a period of 3 years. Upon completion of training he was awarded military occupational specialty (MOS) 63C (General Vehicle Repairman). 3. Headquarters, U.S. Army Armor School (USAAMS), Fort Knox, KY, Special Orders (SO) Number 7, dated 13 January 1969: * appointed him to PFC (E-3) effective 12 January 1969 (paragraph 3) * promoted him to SP4 (E-4) effective 13 January 1969 (paragraph 5) 4. He was assigned overseas to Germany on 27 January 1969. 5. A DD Form 214 shows he was honorably discharged on 20 March 1969 to immediately reenlist in the RA. He had completed 8 months and 10 days of net active service this period that included 1 month and 22 days of foreign service. It also shows in – * item 5a (Grade, Rate or Rank): SP4 (T) [Temporary] * item 5b (Pay Grade): E-4 * item 6 (Date of Rank (DOR)): 13 January 1969 * item 30 (Remarks), in pertinent part: item 5a – Private First Class (PFC), E-3 (P) [Permanent), Appointed 12 January 1969 6. The applicant reenlisted in the RA on 21 March 1969 for a period of 3 years. 7. Headquarters, Americal Division, SO Number 108, dated 18 April 1970, promoted to the applicant to SP5 (E-5), in MOS 63C2O, effective 4 April 1970. 8. His DA Form 20 (Enlisted Qualification Record) shows in – * item 2 (Grade): SP5 E-5 * item 3 (DOR): 4 April 1970 * item 31 (Foreign Service): Vietnam from 28 August 1969 through 27 August 1970 * item 33 (Appointments and Reductions), in pertinent part – * PFC E-3 (P), 12 January 1969, SO 7, USAARMS, 1969 * SP4 E-4 (T), 13 January 1969, SO 7, USAARMS, 1969 * SP5 E-5, 4 April 1970, SO 108, Headquarters, Americal Division, 1970 * item 38 (Record of Assignments): Duty MOS 63C2O, General Vehicle Repairman, Headquarters and Headquarters Company (HHC), 5th Battalion, 33rd Armor, Fort Knox, KY, from 12 October 1970 through 20 March 1972 * item 48 (Date of Audit), the applicant reviewed the form on 6 March 1972 9. USAARMC Form 1515 (Clearance Record), in pertinent part, shows the applicant's rank/grade as "SP5 E-5" and that his company commander signed the form on 21 December 1971. 10. A DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement) signed by the applicant on 21 March 1972, shows his rank as "SP5." 11. Headquarters, U.S. Army Armor Center, Fort Knox, KY, SO Number 63, dated 21 March 1972, released the applicant from active duty effective 21 March 1972. The Standard Name Line (SNL) of the orders shows his rank as "SP5." 12. A DD Form 214 shows the applicant was honorably released from active duty on 21 March 1972 and transferred to a U.S. Army Reserve (USAR) Control Group (Reinforcement). He had completed 3 years and 1 day of net active service this period that included 1 year, 3 months, and 22 days of foreign service. It also shows in – * item 5a: "SP5" * item 5b: E-5 * item 6: 4 April 1970 * item 32 (Signature of Person Being Transferred or Discharged), the applicant's signature 13. Office of The Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 06-1232854, dated 19 June 1974, honorably discharged the applicant from the USAR effective 1 July 1974. The SNL of the orders shows his rank as "SP5." 14. A review of the applicant's military personnel records failed to reveal evidence of an entry on his DA Form 20, or an order or promotion instrument/ certificate showing he was promoted/laterally appointed to SGT (E-5). 15. In support of his application the applicant provides the following documents. a. HHC, 5th Battalion, 33rd Armor, Fort Knox, KY, Letter of Recommendation, dated 16 March 1972. It shows Phillip K. C____, Motor Sergeant, wrote, "SGT [applicant] performed as a Senior Track Mechanic from October 1971 to 15 March 1972. In December 1971, I promoted him to Sergeant because he had the initiative to supervise my Maintenance Shop." It also shows he highly recommended the applicant for civilian maintenance positions. b. Company A, 5th Battalion, 33rd Armor, Fort Knox, KY, Letter of Recommendation, dated 16 March 1972. It shows Staff Sergeant Jimmy C. E____, Motor Sergeant, wrote, "SGT [applicant] has worked under my supervision from October 1970 to November 1971." He commended the applicant for his superior performance of duty while under his supervision. c. HHC, 5th Battalion, 33rd Armor, Fort Knox, KY, Letter of Appreciation, dated 17 March 1972. It shows Chief Warrant Officer Two John F. G____, Maintenance Officer, addressed the letter to the applicant with the rank "SGT." He expressed his appreciation to the applicant and extended him best wishes in his future endeavors. REFERENCES: Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214. * The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. * Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance on the preparation of the DD Form 214. It stated, in pertinent part, that all available records would be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. It shows for – * item 5a, enter grade in which serving at time of separation * item 5b, enter pay grade (e.g., E-5) * item 6, enter DOR for the grade shown in item 5b DISCUSSION: 1. The applicant contends his 21 March 1972 DD Form 214 should be corrected to show he was promoted (laterally appointed) to the rank of SGT. 2. Records show the applicant was promoted to SP5 (E-5) on 4 April 1970. 3. The three letters provided by the applicant were carefully considered. The letter written by one of the motor sergeants shows the applicant's job title was "Senior Track Mechanic" and that "[i]n December 1971, I promoted him to Sergeant." It is noted that promotion authority for enlisted Soldiers rests with commanders. The evidence of record fails to show that the applicant was in a noncommissioned officer (NCO) position. It is also noted that, during the period of service under review, it was not unusual for a Soldier to be appointed as an Acting NCO when an NCO position/promotion vacancy was not available. 4. There is no evidence of record that shows he was promoted to SGT (E-5) or that he was laterally appointed as a SGT (E-5). a. On 21 December 1971, the company commander signed the applicant's clearance form that shows his rank/grade was "SP5 E-5." b. On 21 March 1972, the applicant signed a DD Form 1407 showing his rank as "SP5." c. The orders issued on 21 March 1972 that released him from active duty on 21 March 1972 show he held the rank of SP5. 5. His 21 March 1972 DD Form 214 shows the same rank, pay grade, and DOR as promulgated by the applicant's SP5/E-5 promotion order. It also shows the applicant certified with his signature he had reviewed/verified the information. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010539 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010539 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2