ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  7 August 2019

	DOCKET NUMBER:  AR20170005756


APPLICANT REQUESTS:  his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his rank as Staff Sergeant/E-6.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* self-authored statement
* DD Form 214 

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 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, in effect,

   a. He served as a platoon sergeant and platoon leader, a commissioned officer’s job, in an Infantry unit in Vietnam.  While serving in his leadership position, he seen extensive combat and was required to attend intelligence and mission briefings with the company and battalion commanders.  
   
   b. In June 1970, he was told by his battalion command sergeant major that he had earned a promotion to staff sergeant/E-6; however, he did not receive the promotion orders prior to leaving active duty in September 1970.  At the time of his separation, he was too emotionally drained to be concerned with not receiving his due recognition.
   
   c. He wants his records to reflect what he was promised and what he has earned, which is the rank of Staff Sergeant/E-6.


3.  A review of the applicant’s service record shows:

   a. He was inducted into the Army of the United States on 2 December 1968.  He served in the military occupational specialty of 11B (Light Weapons Infantry).
   
   b. Special Orders Number 179, dated 29 July 1969, reflects he was appointed to the temporary grade Sergeant.

   c. DA Form 2496 (Disposition Form), dated 18 April 1970, reflects he requested authorization to separate in order to attend the 1970-71 Fall Quarter at Central Carolina Technical Institute.  His requested separation date was 2 September 1970.  Further stating his induction into the Army interrupted his education.

   d. General Orders Number 4593, dated 12 May 1970, reflects he was awarded the Army Commendation Medal (ARCOM), while serving in the Republic of Vietnam, for the period of service from 24 March 1970 to 2 April 1970.

   e. On 21 May 1970, his request for early separation for release from active duty to attend school was approved, with a no earlier than date of 1 September 1970.

   f. He was released from active duty and transferred to the United States Army Reserve (USAR) on 1 September 1970.  His DD Form 214 shows he was released under the provisions of AR 635-200, Section VIII, Chapter 5, separation program number (SPN) 413 (School Release), and his service was characterized as honorable. Item 5a and 5b (Grade, Rate or Rank/Pay Grade) shows SGT/E-5.

4.  Army Regulation (AR) 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel.  

5.  The Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The applicant’s contentions were carefully considered.  He requests to have his record show he was promoted to SSG as his CSM informed him that he earned the promotion.  Evidence of record shows he was not promoted to SSG.  Without promotion orders, the Board agreed there was no error or injustice in this case and denied the 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 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) 635-5, establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel.

   a. Appendix III, paragraph 1a, states that the purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a vital record for interested government agencies which assist the individual in obtaining the rights and benefits which may accrue to him as the result of such service. 
   
   b. Section 3, paragraph 21b, Enlisted personnel, specifies that the grade in which serving at the time of separation indicating whether permanent or temporary will be entered in item 5a (grade, rate or rank) on the DD Form 214.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170005756


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