ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 August 2019

	DOCKET NUMBER:  AR20170012507


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as a sergeant (SGT)/  E-5 vice specialist four (SP4)/E-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Photographs
* Letter, dated 20 May 1965

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 at the time he received his promotion to E-4, his captain told him that he was also being promoted to SGT.  He was also told the Army could not pay him SGT’s wages but that he could still have the rank of SGT.  His captain gave him the stripes and he has the photographs to prove it.  He performed duties of a SGT and he should be recognized for it. 

3.  The applicant provides several photographs of Soldiers, one of which is presumably the applicant wearing E-5 stripes.  He also provides a letter, dated 20 May 1965, presumably to his parents, informing them that he was appointed s an acting sergeant. 

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

	a.  The applicant was inducted into the Army of the United States on 16 January 1964.  He completed basic combat and advanced individual training and he held military occupational specialty 16D (Hawk Missile Crewman). 

	b.  He served in Germany from 22 June 1964 to 13 January 1966.  
	c.  Unit Orders Number 50, issued by Battery C, 6th Missile Battalion, 517th Artillery, on 18 August 1965 promoted him to SP4/E-4 (Temporary (T)).

	d.  Unit Orders Number 29, issued by Battery C, 6th Missile Battalion, 517th Artillery, on 18 May 1965, announced his appointment to the Temporary Acting Noncommissioned Officer (NCO) grade of Acting Sergeant. 

	e.  His DA Form 20 (Enlisted Qualification Record) in item 33 (Appointments and Reductions) listed the temporary and permanent grades he held throughout his military service.  The highest rank/grade held was that of SP4/E-4. 

	f.  He was honorably released from active duty on 21 January 1966 and he was transferred to the USAR Control Group (Annual Training) to complete his Reserve obligation.  His DD Form 214 shows he completed 2 tears of total active service.  This form also shows in:

* Item 3a (Grade, Rate, or Rank) SP4 E-4 (Temporary)
* item 3b (Date of Rank) t18 August 1965
* item 32 (Remarks), continuation of item 3a, Private First Class (PFC) (Permanent) Appointed 17 September 1964, date of rank 17 September 1994

5.  By regulation (AR 635-5), item3a of the DD Form 214 shows the rank/grade in which a member was serving at the time of separation with an indication of permanent or temporary.  Item 3b shows the date of rank for the grade shown in item 3a.  If the date of rank is different from the date of appointment, enter the date of appointment in item 32 (Remarks).  If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment will be entered in item 32.

6.  By regulation (AR 600-200), company and detachment commanders could appoint acting SGTs to fill position vacancies existing in their units.  Acting NCOs could wear either the regular insignia of grade permanently affixed to the sleeve or acting NCO brassards. 

	a.  Acting NCOs were not entitled to pay and allowances of such higher grades and service as an acting NCO would not be credited as time in a higher grade for appointment or date of rank purposes.  An acting NCO's status would be terminated for one of several reasons, including upon reassignment to another unit.

	b.  An Acting Sergeant is an acting SGT only for the period of time he was assigned to the unit that appointed him to that acting grade.  He was not entitled to pay and allowances of that grade.  The temporary appointment to acting SGT would have terminated upon his exit from the unit that appointed him to the acting grade.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Although the applicant had an order stating “TO BE ACTING SERGEANT (E5)” in his record, there was no permanent promotion order showing he was promoted to the rank of Sergeant. For that reason, the Board concluded there was insufficient evidence of an error or injustice which would warrant making a change to the applicant’s rank reflected on his DD Form 214.

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 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.

	a.  Item 3a shows the rank/grade in which a member was serving at the time of separation with an indication of permanent or temporary; for example, "MSG (T) [master sergeant, temporary], SP4 (P), etc."  

	b.  Item 3b shows the date of rank for the grade shown in item 3a.  If the date of rank is different from the date of appointment, enter the date of appointment in item 32 (Remarks).  If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment will be entered in item 32.

	c.  Item 32 is used to complete entries too long for their respective blocks and/or as a cross-reference.  If the date of appointment is different from the date shown in item 3b, enter date of appointment as follows:  "Item 3 – Date of Appointment 15 August 1955."  If the grade shown in item 3a is not permanent, enter the permanent grade, date of appointment, and date of rank if different from date of appointment, as follows:  "Item 3 – MSG (P) (E-8), Appointed 1 August 1988" or Item 3 – SP5 (T), Appointed 13 September 1958, Date of Rank 1 August 1958."

3.  Army Regulation 600-200 (Enlisted Personnel Management System) at the time, chapter 7 provided policy and procedures governing the promotion and reduction of enlisted Soldiers.  Paragraph 7-11 stated that company and detachment commanders could appoint acting SGTs to fill position vacancies existing in their units.  Acting NCOs could wear either the regular insignia of grade permanently affixed to the sleeve or acting NCO brassards.  Acting NCOs were not entitled to pay and allowances of such higher grades and service as an acting NCO would not be credited as time in a higher grade for appointment or date of rank purposes.  An acting NCO's status would be terminated for one of several reasons, including upon reassignment to another unit.  Unlike an appointment or promotion to temporary or permanent SGT/E-5, an acting SGT holds the rank/grade temporarily due to either the absence of a qualified SGT, due to a unit's need for an acting NCO, or due to other reasons.  An Acting Sergeant is an acting SGT only for the period of time he was assigned to the unit that appointed him to that acting grade.  He was not entitled to pay and allowances of that grade.  The temporary appointment to acting SGT would have terminated upon his exit from the unit that appointed him to the acting grade.  


ABCMR Record of Proceedings (cont)	 AR20170012507


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