BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160001231 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: 17 August 2017 DOCKET NUMBER: AR20160001231 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: 17 August 2017 DOCKET NUMBER: AR20160001231 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 his rank as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4. 2. The applicant states: a.  He was advised in 1968 while serving as a military policeman in the Army in combat in Saigon, Vietnam, that he was selected for promotion to SGT. b.  His port call instructions with a departure date from Saigon on 18 July 1968 identify his rank as SGT. 3. The applicant provides: * 716th Military Police Battalion letter, subject: Port Call Instructions – Air Travel, undated * DD Form 214 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 was inducted in to the Army of the United States on 13 September 1966 in the rank/grade of private/E-1. 3. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows his promotions as follows: * private/E-2 – 13 January 1967 * private first class/E-3 – 1 April 1967 * SP4/E-4 (Temporary) – 14 February 1968 4. Company B, 716th Military Police Battalion, Unit Orders Number 4, dated 14 February 1968, show he was promoted to the temporary grade of SP4 on the same date. 5. He provided a letter from Headquarters, 716th Military Police Battalion, undated, subject: Port Call Instructions – Air Travel, which provided travel instructions from Saigon to Travis Air Force Base, CA, on 18 July 1968. This letter listed his rank as SGT. 6. On 19 July 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 10 months, and 7 days of creditable active military service and his rank/grade as SP4(T)/E-4. 7. On 23 August 1972, he was honorably discharged from the U.S. Army Reserve in the rank/grade of SP4/E-4. 8. After having a break in service, he enlisted in the U.S. Army Reserve in the rank/grade of private first class/E-3 on 30 March 1981. 9. His DD Form 1966 (Application for Enlistment – Armed Forces of the United States), dated 30 March 1981, shows in item 24 (Military Service), he had prior honorable service in the Regular Army from 13 September 1966 to 19 July 1968 and his last pay grade was E-4. 10. Headquarters, 407th Civil Affairs Company, Orders 11-1, dated 10 October 1981, show he was promoted to the rank/grade of SP4/E-4 effective on the same date. 11. On 12 May 1982, he was honorably discharged from the U.S. Army Reserve. 12. His records are void of and he failed to provide orders promoting him to the rank/grade of SGT. REFERENCES: 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. a.  Paragraph 7-22 (Automatic Appointment to Permanent Grades) stated, in part, the temporary appointment of Regular Army personnel in the grades of E-5 and E-4 automatically became permanent on the date of completion of time in grade, which was 12 months computed from the temporary date of rank. b.  Paragraph 7-23 (Methods of Effecting Promotions) stated appropriate entries in individual's personnel records were required in accordance with paragraph 9-46. The same procedures applied to permanent appointments to pay grade E-4 and above made under paragraph 7-22. Criteria set forth in paragraph 7-22 would apply in determining an individual's permanent grade after 1 July 1962, except for changes made under other provisions involving issuance of orders. c.  Chapter 9 prescribed, in part, procedures for completing the DA Form 20. Paragraph 9-46 stated for item 33 of the DA Form 20, to enter chronologically each permanent and temporary grade of rank and pay grade to which appointed or reduced and to enter the authority, i.e., specific paragraph and Army regulation or order number and issuing headquarters and year published. DISCUSSION: 1. The applicant contends his rank/grade should be listed as SGT/E-5 on his DD Form 214. 2. Although he provided a letter, undated, in which his rank was listed as SGT, this appears to be an administrative error. 3. His DA Form 20 shows he was promoted to the temporary rank/grade of SP4/ E-4 on 14 February 1968. However, he was released from active duty on 19 July 1968 and he would have required 12 months for his temporary rank to become permanent. Additionally, his records are void of and he failed to provide orders showing he was ever promoted to the rank/grade of SGT/E-5. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001231 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001231 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2