ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2019 DOCKET NUMBER: AR20170006857 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) to show his rank of specialist five (SP5)/E-5. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD 214 (Armed Forces of the United States Report of Transfer of Discharge) * Special Orders Number 354 * Honorable Discharge Certificate 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, the error occurred at time of his discharge. His rank of specialist (SPC)/E-4 was entered on his DD Form 214. The person who completed the DD Form 214 told the applicant that they could not locate special orders number 354, which shows he was promoted to SP5. He earned the rank and wants the correct rank on his grave marker. 3. The applicant provides the following: a. A copy of his DD Form 214 that shows: * item 2 (Service Number): US5X XXX XX7 * item 4a (Grade, Rate or Rank): his rank was specialist four (SP4) * item 4b (Pay Grade): he was separated in the enlisted pay grade of E-4 * item 11a (Type of Transfer or Discharge): he was transferred to the United States Army Reserve (USAR) * item 16 (Terminal date of Reserve Obligation) shows 25 April 1972 * item 22b (Total Active Service), shows the applicant served 2 years, 0 months, and 0 days during this period of service * item 22c. (Foreign and / or Sea Service), shows the applicant served in Vietnam for 0 years, 11 months, and 28 days b. On 20 December 1967, Special Orders Number 354, issued by Headquarters 9th Infantry Division, Army Post Office (APO) San Francisco 96370, shows the heading, “To Be Specialist Five/E5” and includes the applicant’s name, service number USXX XXX XXX, and rank of SP4. c. His honorable discharge certificate that shows: * he held the rank of (SP5) * he was discharged from the USAR on 25 April 1972 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 26 April 1966. b. On 26 April 1966, Special Orders Number 80, issued by the Armed Forces Examining and Entrance Station, in Minneapolis, MN, 55401, shows he was inducted on this date, and assigned to the United States Army Reception Station at Fort Leonard Wood, MO, 65473. c. On 26 April 1966, he acknowledged his induction for two years of active duty, and that he had been informed of his service obligation. He understood, at the completion of his term of active duty, if qualified, he would be transferred to the Army Reserve and required to serve in a reserve component for a period, which when added to his active duty service, would total six years, unless sooner discharged. d. His DA Form 20 (Enlisted Qualification Record) shows the following information: * item 2 (Grade): specialist four (SP4) (T) / E-4 * item 3 (Date of Rank): 1 October 1967 * item 31 (Foreign Service): he served in Vietnam from 10 January 1967 to 7 January 1968 * item 33 (Appointments and Reductions): his highest grade as SP4/E4/(T), and his date of rank as 1 October 1967 * item 41 (Awards and Decorations): Vietnam Service Medal, National Defense Service Medal, and Vietnam Campaign Medal with 60 device * item 48 (Date of Audit): 5 June 1967 e. On 12 February 1968, a DA Form 1049 (Personnel Action) shows he was assigned to duty in section as a platoon sergeant in the corrected grade of SP5, while assigned to the USAOC&S, Aberdeen Proving Grounds, MD. The document is annotated with the words “promotion needs to be posted to F-20”, and is signed Chief Warrant Two (CW2) X_, assistant adjutant. f. An undated and incomplete DA Form 705 (Physical Fitness Testing Record) that shows his grade of SP5 and age of 20 years. g. On 17 April 1968, Special Orders Number 78, issued by the Department of the Army, Aberdeen Proving Ground, MD 21005, shows: * his rank was SP4 * his REFRAD date was 25 April 1968 h. On 22 April 1968, an HHC, 2nd Battalion, supply room clearance form shows his rank as SP5. i. An Aberdeen Proving Grounds, individual training record, from 1968 shows his grade as SP5. j. On 25 April 1968, a DA Form 2376 (Notification to State Adjutants General – Release from Active Duty of Obligated Reservist) shows the Adjutant General for the State of Minnesota was notified the applicant was released on or about 25 April 1968, and that his rank was SP4 at the time. k. His DD Form 214 shows he was honorably transferred to the USAR on 25 April 1968 under the provisions of Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel). Reason and authority reflects due to his expiration of term of service (ETS). His DD Form 214 also shows in: * item 5a (Grade, Rate, or Rank): SP/4 (T) * item 4b (Pay Grade): E-4 * item 22a(1) (Net Service This Period): 2 years, 0 months, and 0 days * item 22b (Total Active Service): 2 years, 0 months, and 0 days * item 22c (Foreign and/or Sea Service): Vietnam, 0 years, 11 months, and 28 days l. On 18 September 1969, an MOS classification form show corrections for the following: * primary MOS from 63B20 to 63C30 * grade from SP4 to SP5 m. On 22 March 1972, Letter Orders Number 03-1100700, were issued by Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, 63132, that shows the applicant held the rank of SP5 when he was honorably discharged for reason of ETS effective on 25 April 1972. 5. By AR 15-185 (ABCMR) the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. 6. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 7. 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, in part, that the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. Special orders temporarily promoted him to SP5 effective 1 December 1967. His record is absent evidence showing he was reduced in rank prior to his separation. However, his DD Form 214 for the period ending 25 April 1968 shows his rank as SP4 (T), and he authenticated the form with his signature. The Board agreed the rank on his separation document reflects an error. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 5 on his DD Form 214 for the period ending 24 April 1968 by showing his rank and grade as “SP/5 (T) E-5.” 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. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. The instructions for completing the DD Form 214 specified: * items 5a and 5b show the active duty rank/grade held at the time of separation * item 6 shows the effective date of rank (of the rank a Soldier held at the time of separation) 4. 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, in part, that the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170006857 5 1