ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  14 June 2019

	DOCKET NUMBER:  AR20170000706


APPLICANT REQUESTS: approval of promotion to Staff Sergeant (SSG/E6).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Transmittal of Award document
*	General Orders #1811
*	Transcribed letter 

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20150002348 on 17 September 2015.

2.  The applicant states that he was told he would be promoted.  The command simply 
had to wait until official orders were received.  Shortly after receiving this information, he 
was seriously wounded, medically evacuated and returned to the United States for 
rehabilitation in October of 1968.  In February of 1969, the hospital staff initiated an 
inquiry regarding his promotion to SSG.  The response received indicated that the 
applicant would not be promoted because he was no longer in Vietnam.

3.  The applicant provides: 

*	Transmittal of award document wherein the applicant is referred to as “SSG” 
dated 17 Oct 1968
*	General Orders #1811 awarding of the Bronze Star with V device; applicant 
referred to as SSG
*	Transcribed letter of unknown origin appearing to be dated as 22 February 1969 
indicating recommendation for promotion to SSG by a selection board.  A note 
from the applicant states the information was recently found going through 
papers.  He believes the actual teletype was lost while he was in the hospital, 
and the above information was copied from the teletype.

4.  A review of the applicant’s records shows the following on: 

*	21 September 1964 - enlisted in the Army 
*	12 September 1968 - awarded the Purple Heart medal for wounds received in 
connection with hostile force 24 August 1968
*	18 September 1967 - promoted to SGT (perm)
*	11 October 1968 - medically evacuated and returned from overseas
*	11 October 1968 - awarded the Bronze Star with V device for heroism; applicant 
recognized as a SSG
*	11 December 1968 - application for identification card submitted as a SGT
*	20 December 1968 - awarded the Army Commendation Medal; applicant 
recognized as a SGT
*	17 April 1970 - released from active duty and transferred into the Reserve 
component as a SGT; effective 18 April 1970

5.  The applicant’s records are void of, and the applicant did not provide, any orders 
announcing a promotion beyond the rank of SGT.

6.  The applicant petitioned the Board to correct his records to reflect E6 on Docket 
Number AR20150002348 on 17 September 2015, and the Board denied his request.

7.  Army Regulation (AR) 600-200 paragraph 7-4 (Orders) states that promotion of 
enlisted personnel to the grades E-4 through E-9, appointments, grade reductions 
(except for article 15 or court martial) and grade restorations will be announced in 
orders.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board discussed his statement concerning promotion, but 
found insufficient evidence that he had been promoted to SSG prior to his separation.  
The Board did determine that he is entitled to a second Purple Heart, based on the 
narrative in his Bronze Star Medal w/ “V” device orders for wounds received on 28 
September 1968.

2.  After reviewing the application and all supporting documents, the Board found that 
partial relief was warranted.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by amending 
the applicant’s DD Form 214 for the period of service ending 17 April 1970 as follows: 

     - Awarding him the Purple Heart for wounds received on 28 September 1968
     - Removing the Bronze Star Medal
     - Adding the Purple Heart (2nd award) and Bronze Star Medal w “V” Device

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to his rank as SSG at separation.



	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable
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 Army Board for Correction of Military Records 
(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.  Army Regulation (AR) 600-200 paragraph 7-4 (Orders) states that promotion of 
enlisted personnel to the grades E-4 through E-9, appointments, grade reductions 
(except for article 15 or court martial) and grade restorations will be announced in 
orders.

ABCMR Record of Proceedings (cont)	 AR20170000706

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