ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  23 January 2020

	DOCKET NUMBER:  AR20170011283


APPLICANT REQUESTS:  The applicant requests, in effect, promotion to the 
rank/grade of staff sergeant (SSG)/E-6.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	a self-authored statement
*	a diagram
*	General Orders Number 1923
*	Bronze Star Medal certificate
*	Citation

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 a colonel told him he would try and pass rank his way as fast as 
he could.  Subsequently, Sergeant (SGT) T______ showed him a promotion list with his 
name on it for SSG/E-6.  SGT T______ asked him if he was staying in the Army; 
however, after the applicant told him no, he hinted that since he was not staying in the 
Army, it would be a waste of a promotion.  The applicant claims he told SGT T______ to 
give the promotion to SGT F______.

3.  The applicant was inducted into the Army of the United States on 19 July 1965.

4.  Evidence shows the applicant was appointed to the temporary rank/grade of    
SGT/E-5 on 13 March 1967.

5.  His records do not contain promotion orders listing his rank/grade as SSG/E-6.

6.  The applicant was honorably released from active duty on 28 July 1967, in the 
temporary rank/grade of SGT/E-5.  The DD Form 214 he was issued shows he was 
awarded or authorized the:

*	National Defense Service Medal
*	Vietnam Service Medal
*	Combat Infantryman Badge
*	Republic of Vietnam Campaign Medal with Device (1960)

7.  On 18 July 1971, he was discharged from the U.S. Army Reserve in the rank/grade 
of SGT/E-5.

8.  On 11 June 1985, his DD Form 214 was corrected by DD Form 215 (Correction to 
DD Form 214) to add the:

*	Bronze Star Medal with "V" Device
*	Army Commendation Medal
*	Air Medal
*	2 Overseas Service Bars

9.  The applicable regulation states the active duty rank and pay grade at time of the 
Soldier's separation will be listed on the DD Form 214; the rank is taken from the 
Soldier’s promotion/reduction orders.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
is not warranted.  There is no documentary evidence that the applicant was a promotion 
list for SSG.  There is no documentary evidence of promotion orders for SSG.  Based 
on a preponderance of evidence, the Board determined that there was no error or 
injustice in the applicant’s rank of SGT at discharge.



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.


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.  Chapter 7 of Army Regulation 600-200 (Enlisted Personnel Management System), 
then in effect, contained Army-wide promotion policy and procedures.  It stated, in 
pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, 
appointments, grade reductions, and grade restoration were announced in orders.

3.  Army Regulation 635-5 (Separation Documents), then in effect, established the 
standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the 
regulation contains guidance on the preparation of the DD Form 214.  It states that item 
5a (Grade, Rate or Rank) will show the active duty rank and 5b will show the pay grade 
at time of the Soldier's separation; the rank is taken from the Soldier’s 
promotion/reduction orders; item 6 (Date of Rank) shows the date of rank.


ABCMR Record of Proceedings (cont)	 AR20170011283

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