ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:       19 April 2019

	DOCKET NUMBER:  AR20160016887


APPLICANT REQUESTS: 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 instead of specialist four (SP4)/E-4
* to change his Military Occupational Specialty (MOS) to mortar gunner and border guard

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Sentry and guard certificate
* Certificate of merit
* Unit Orders Number 2, dated 3 February 1972
* DD Form 214, dated 26 April 1972

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

* he was a SGT for 2 and one half months before he was discharged and his                DD Form 214 shows SP4
* his DD Form 214 shows he was an armor crewman, which he did train for, but once he went overseas he was a mortar gunner and a border guard

3.  A review of the applicant’s service records show the following on:

* 25 September 1970 – inducted into the Army of the United States
* DA Form 20 (Enlisted Qualification Record) shows the following in:

* item 27 (Military Education) MOS 11D (Armor Crewman)
* item 33 (Appointments and Reductions) he was promoted to SP4 on 15 July 1971 by Special Orders Number 73, issued by Headquarters, 1st Armored Division

* his record is void of any orders promoting him to the rank of SGT, likewise it is void of any orders awarding him a secondary MOS
* 26 April 1972 – honorably released him from active duty and transferred him to the U.S. Army Reserve Control Group (Annual Training); DD Form 214 shows in:

* item 5(a) Grade, Rate or Rank) SP4
* item 6 (Date of Rank) 15 July 1971
* item 25 (Education and Training Completed) Armor Crewman 11D

4.  The applicant provides:

* Sentry Guard Certificate presented to the applicant for having completed an arduous tour on the border between the Federal Republic of Germany and Czechoslovakia
* Certificate of Merit presented to the applicant for outstanding performance during mortar training in Fiscal Year 1972 and having demonstrated superior skills with his weapon
* Unit Orders Number 2, issued by A Troop, 2nd Squadron, 4th Cavalry Division showing he was appointed to the rank of SGT

5.  Army Regulation (AR) 600-200 (Enlisted Personnel Management System) paragraph 7-52 states, units; Company, Troop, Battery, and separate detachment commanders
may appoint qualified individuals as acting corporals, E-4, and acting sergeants, E-5, to serve in position vacancies existing in their units at their present or higher grade, including those resulting from temporary absences of assigned noncommissioned officers.

6.  AR 635-5 (Separation Documents) states, all available records will be used as a basis for preparation of DD Form 214.  

* item 5(a), enter the grade in which serving at the time of separation
* item 6, enter the date of rank for the grade shown in item 5(a)
* item 25, enter service schools successfully completed 



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence presented by the applicant and found within the military service record of the applicant, the Board concluded there was insufficient evidence to show he was promoted to the rank of Sergeant/E5 or ever received a second military occupational specialty.  For that reason, the Board recommended denying the applicant’s request for relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


	 
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.




REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  AR 600-200 (Enlisted Personnel Management System) paragraph 7-52 states, units; Company, Troop, Battery, and separate detachment commanders may appoint qualified individuals as acting corporals, E-4, and acting sergeants, E-5, to serve in position vacancies existing in their units at their present or higher grade, including those resulting from temporary absences of assigned noncommissioned officers.

3.  AR 635-5 (Separation Documents) states, all available records will be used as a basis for preparation of DD Form 214.  

* item 5(a), enter the grade in which serving at the time of separation
* item 6, enter the date of rank for the grade shown in item 5(a)
* item 25, enter service schools successfully completed

ABCMR Record of Proceedings (cont)	 AR20160016887
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