BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000473 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: 7 September 2017 DOCKET NUMBER: AR20160000473 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. BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000473 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, 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/grade of specialist five/E-5. 2. The applicant states: a. He served in the Republic of Vietnam from 20 September 1968 through 20 September 1969. He appeared before a board of review for promotion to the grade of E-5. The promotion board determination documents were hand-carried to his residential address after he returned to Stateside duty at Fort Polk, LA. b. He never checked to see if his paperwork reflected a promotion to E-5 after his discharge from the Army on 20 February 1970. He requests a determination as to whether he was actually advanced to E-5 on a date prior to his discharge for record purposes only. 3. The applicant provides: * DA Form 2496 (Disposition Form), dated 2 April 1969 * DA Form 3357-R (Board Recommendation), dated 15 April 1969 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 on 20 February 1968. 3. He provided a disposition form, dated 2 April 1969, subject: Promotion to Pay Grade E-5, recommending him for promotion to specialist five/E-5. This form shows he held the rank/grade of specialist four/E-4 and requested his consideration for promotion to specialist five/E-5 ahead of his contemporaries. 4. He also provided a board recommendation form, dated 15 April 1969, which shows he was recommended for promotion to specialist five by a majority of the board membership. 5. There are no documents in his military records subsequent to the April 1969 promotion board recommendations that reference his promotion to specialist five/ E-5. His records are void of orders promoting him to the rank/grade of specialist five/E-5. There is no evidence of record he was promoted to the rank/grade of specialist five/E-5. 6. His records contain the following documents that reference his rank as specialist four/E-4: * Mental Hygiene Consultation Division memorandum, subject: Psychiatric Evaluation of Specialist Four [Applicant], dated 17 December 1969 * Disposition Form, dated 4 February 1970 * Individual's Statement, dated 4 February 1970 7. Headquarters, U.S. Army Garrison Troop Command (Provisional), Summary Court-Martial Order Number 34, dated 5 February 1970, show he pled guilty and was found guilty of being absent without leave from on or about 19 October 1969 to on or about 14 November 1969 and from on or about 2 December 1969 to on or about 14 January 1970. His sentence included his reduction to the rank/grade of private/E-1. 8. On 11 February 1970, the Fort Devens Casual Holding Detachment Commander recommended his discharge from military service prior to his normal expiration term of service for unsuitability under the provisions of Army Regulation 635-212. His rank and pay grade are shown as private/E-1. 9. On 17 February 1970, the U.S. Army Garrison Troop Command (Provisional) Commander directed his discharge from the service effective 20 February 1970 under the provisions of Army Regulation 635-212 with issuance of a General Discharge Certificate. His rank and pay grade are shown as private/E-1. 10. His DD Form 214 shows he was discharged under honorable conditions on 20 February 1970 under the provisions of Army Regulation 635-212. He was issued a General Discharge Certificate. Item 5a (Grade, Rate, or Rank) lists his rank as private and item 5b (Pay Grade) lists his pay grade as E-1. 11. He applied to the Army Discharge Review Board on 12 January 1979 requesting an upgrade of his discharge. The Army Discharge Review Board voted to grant him relief and upgraded the character of his service to honorable. His reissued DD Form 214 lists his rank/grade as private/E-1. 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 the promotion of enlisted personnel to grades E-3 through E-9, appointments, grade reductions, and grade restorations were announced in orders. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. Chapter 2 contained guidance for preparation of the DD Form 214. The instructions stated items 5a and 5b would show the active duty rank and pay grade at time of the Soldier's separation. The rank was taken from the Soldier's promotion/reduction orders. DISCUSSION: 1. The applicant's records show he was recommended for promotion to the rank/grade of specialist five/E-5 in April 1969, but there is no evidence of record showing he was ever promoted to specialist five/E-5 in accordance with the promotion board recommendation. 2. The evidence of record shows he held the rank of private/E-1 at the time he was recommended for discharge. 3. His DD Form 214 reflects his rank/grade as private/E-1. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000473 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000473 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2