ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    17 April 2019

	DOCKET NUMBER:  AR20170011569


APPLICANT REQUESTS: Through the Honorable Mr. X- correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as sergeant (SGT)/E-5. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* Constituent request and release form in lieu of DD Form 149 (Application for Correction of Military Record)
* Photographs
* Post marked envelope

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 AR20150018925 on 13 June 2017. 

2.  The applicant states he was denied his field promotion to the rank of SGT.  During his tour in Vietnam from October 1967 – October 1968, he was promoted during the last 4 months. 

3.  A review of the applicant’s service records show the following on:

* 14 June 1967 – inducted into the Army of the United States
* 7 November 1967 - 3 November 1968 - served in Vietnam
* 16 May 1968 – Unit Orders Number 33, issued by A Troop, 1st Squadron,                       11th Armored Cavalry Regiment promoted the applicant to the rank/grade of specialist four (SP4)/E-4 Temporary (T)
* his record is void of any orders promoting him to the rank of SGT
* 13 June 1969 – honorably released from active duty, DD Form 214 shows in item 5a (Grade, Rate or Rank) SP4 (T), item 6 (Date of Rank (DOR)) shows                          16 May 1968, and item 30 shows private first class/E-3 Permanent                                 12 November 1967

4.  On 5 October 2015, the applicant petitioned the Board to be awarded the Combat Infantryman Badge and to be promoted to the rank of SGT.  On 13 June 2017, the Board granted the Combat Infantryman Badge and denied the promotion to SGT. The Board found the applicant's records did not include any documents or orders that showed he was promoted to the rank and grade of SGT/E-5.  His records showed he was
last promoted to SP4/E-4 on 16 May 1968 and this was the rank and pay grade
he held on the date of his release from active duty.

5.  The applicant provides:

   a.  Self-authored letter to the Honorable Mr. X- that states in pertinent part, the letter which he wrote to his parents is all the evidence he has to show he held the rank of SGT while serving his country.  During his deployment to Vietnam from October 1967 – October 1968, he was given a field promotion to SGT.  He was told the paperwork would be submitted if he extended his tour in Vietnam, which he did, but after signing the extension papers, he had second thoughts and had the company clerk rescind the extension papers.  But he feels he earned the rank, otherwise his immediate commander, first sergeant and sergeant in charge would not have had a ceremony in the field to promote him.  He wore the rank and served as a SGT for the last 4 months he was in Vietnam.

   b.  Photographs in uniform.

   c.  Post marked envelope, dated 13 September 1968 wherein the rank shows SGT.

6.  Army Regulation (AR) 600-200 (Enlisted Personnel Management) states in:

a. Paragraph 7-3, promotion authority for promotion to the pay grades of E-5 and 
E-6 is delegated to field grade commanders of any organization authorized a commander in the rank/grade of lieutenant colonel (LTC)/O-5 or higher.

   b.  Paragraph 7-4, promotion of enlisted personnel to grade E-3 through E-9 will be announced in orders.

7.  AR 635-5 (Separation Documents) states DD Form 214 provides the individual with documentary evidence of his military service.  All available records will be used when preparing DD Form 214.  Item 5(a)(b) enter the grade in which serving at the time of separation, indicating whether permanent or temporary.  Item 6 enter the DOR for the grade shown in 5a.  If the grade at separation is not permanent, the permanent grade and DOR will be entered in item 30 (Remarks).



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was not warranted.  Based upon the available documents presented with the application and found within the military service record, the Board found insufficient evidence to show that he was ever promoted to the rank of Sergeant E5.  For that reason, the Board recommends denying the applicant request for 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.  AR 600-200 (Enlisted Personnel Management) states in:
a. Paragraph 7-3, promotion authority for promotion to the pay grades of E-5 and 
E-6 is delegated to field grade commanders of any organization authorized a commander in the rank/grade of lieutenant colonel (LTC)/O-5 or higher.
	b.  Paragraph 7-4, promotion of enlisted personnel to grade E-3 through E-9 will be announced in orders.

7.  AR 635-5 (Separation Documents) states DD Form 214 provides the individual with documentary evidence of his military service.  All available records will be used when preparing DD Form 214.  Item 5(a)(b) enter the grade in which serving at the time of separation, indicating whether permanent or temporary.  Item 6 enter the DOR for the grade shown in 5a.  If the grade at separation is not permanent, the permanent grade and DOR will be entered in item 30 (Remarks).

ABCMR Record of Proceedings (cont)	 AR20170011569
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