ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  14 August 2019

	DOCKET NUMBER:  AR20170010273


APPLICANT REQUESTS:  promotion to the rank/pay grade of Sergeant (SGT)/E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Armed Forces of the United States Report or Transfer or Discharge)

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 he was in an E-5 slot his entire tour in Vietnam.  He was submitted for promotion, but the allocation never came through.  He is seeking additional pay and just the rank he earned and never received.  He volunteered to go to Vietnam and he worked as an E-5.  

3.  The applicant provides a copy of his DD Form 214, for the period from 23 July 1963 to 12 August 1966.

4.  Review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 23 July 1963, for 3 years.  He served in Vietnam from 4 September 1965 to 12 August 1966.

	b.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was promoted to Specialist Four (SP4)/E-4 (Permanent (P)) on 10 May 1965.


	c.  Special Orders Number 224, issued by the U.S. Personnel Center, Oakland, CA, on 12 August 1966, announced his release from active duty.  The orders show his rank/pay grade as SP4/E-4.

	d.  He was honorably released from active duty on 12 August 1966 and he was transferred to the U.S. States Army Reserve (USAR).  His DD Form 214 shows he completed 3 years of active service, which included 11 months and 9 days of foreign service.  This form also shows in:

* Item 3a (Grade, Rate, or Rank) – SP4 E-4 (P)
* Item 3b (Date of Rank) – 10 May 1965

	e.  USAR Orders Number 05-268740, issued by the U.S. Army Administrative Center, St. Louis, MO on 27 June 1968, announced his release from the USAR Control Group (Reinforcement) effective 23 July 1968.  The orders show his rank/pay grade as SP4/E-4.

5.  By regulations:

	a.  AR 600-200 (Enlisted Personnel Management System), promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.

	b.  AR 635-5 (Separation Documents), the following items of the DD Form 214 would show in:

* Item 3a – the active duty rank/pay grade at time of separation
* Item 3b – the effective date of the rank/pay grade

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 contends he worked in a SGT slot and should have received the promotion.  His record is absent evidence showing he was promoted to SGT.  The Board agreed there was no error or injustice in this case as a promotion to SGT is published on orders after achieving specified promotion points.



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) 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  The regulation stated that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.  

3.  AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.  It also stated:

* Item 3a – would list the active duty rank/pay grade at time of separation
* Item 3b – would list the effective date of the rank/pay grade in item 3a

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170010273


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