ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 March 2019 DOCKET NUMBER: AR20170012801 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/pay grade as specialist five (SP5)/E-5. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record) •Self-Authored Statement FACTS: 1.The applicant did not file within the three year time frame provided in Title 10, UnitedStates Code (USC), section 1552 (b); however, the Army Board for Correction ofMilitary Records conducted a substantive review of this case and determined it is in theinterest of justice to excuse the applicant's failure to timely file. 2.The applicant states he was promoted from SP4 to SP5 on 1 August 1968. a.his company had two openings and his commanding officers appointed him intoone of the positions as an SP5. He had his SP5 patches sewn on his uniform and he wore them proudly. b.he performed his duties as a SP5 from 1 August 1968 until his discharge inSeptember 1968. c.he was removed from the field in August [1968]; informed he would be sent homeon 6 September 1968; and he worked in basecamp until he was ready to go State side. d.he wore his SP5 stripes with honor when he departed Vietnam and wasdischarged on 8 September 1968. e.he reviewed his DD Form 214 and noticed his rank still showed "SP4." Heinformed the Sergeant in Charge who told him there was no paperwork regarding his promotion but he could correct the situation. f.he separated as a SP5 with a paygrade of SP4. He was satisfied that theproblem was resolved, but his Honorable Discharge Certificate shows the same error. 3.He was inducted into the Army of the United States on 20 September 1966. Heserved in Vietnam from 20 September 1967 to 6 September 1968. 4.His DA Form 20 (Enlisted Qualification Record) shows his rank/paygrade as SP4/E-4(Temporary (T)) as of 1 January 1968 by authority of Unit Order Number 1, dated 1968.There is no entry indicating promotion to rank/paygrade of SP5/E-5. 5.Special Orders published on 8 September 1968 released him from active dutyeffective 8 September 1968 in the rank of SP4/E-4. On the following date, he wastransferred to the U.S. Army Reserve Control Group (Annual Training) to complete hisremaining service obligation. 6.His DD Form 214 indicates his temporary rank/pay grade was SP4/E-4 with a date ofrank of 1 January 1968 at the time of his separation. 7.Letter Orders published on 23 August 1972 discharged him from the USAR ControlGroup on 19 Septembers 1972 in the rank of SP4. 8.His service record does not include any orders promoting him to SP5/E-5. 9.Army Regulation 600-200 provided guidelines that stated company commanderscould appoint qualified individuals as acting sergeants (E-5) to serve in positionvacancies existing in their units. An acting noncommissioned officer's status would beterminated at the discretion of the commander who made the appointment, uponassignment of a regular appointed NCO to the position, or upon reassignment toanother unit. 10 Army Regulation 635-5 states the DD Form 214 is prepared to show the rank/pay grade the Soldier held at the time of separation. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that relief was not warranted. The Board determined that there was insufficient evidence to show that the applicant was ever promoted to the rank of SP5 and thus, recommended the denying the applicant's 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: Microsoft Office Signature Line... 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 militaryrecords 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 oflimitations if the ABCMR determines it would be in the interest of justice to do so. 2.Army Regulation 635-5 (Separation Documents) at the time established thestandardized policy for preparing and distributing the DD Form 214. Items 5a and 5bshow the rank/grade in which a member was serving at the time of separation with anindication of permanent or temporary. 3.Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time,prescribes policies, responsibilities, and procedures pertaining to career management ofArmy enlisted personnel. Chapter 7 (Promotion and Reduction), Section VII(Appointment of Acting Noncommissioned Officers (NCOs)), paragraph 7-52(Appointment), provides that company, troop, battery, and separate detachmentcommanders may appoint qualified individuals as acting sergeants (E-5) to serve inposition vacancies existing in their units at their present or higher grade, including thoseresulting from temporary absences of assigned NCOs. Acting NCOs may wear eitherthe regular insignia of grade permanently affixed to the sleeve or acting NCO brassards.An acting NCO's status will be terminated at the discretion of the commander who madethe appointment, upon assignment of a regular appointed NCO to the position, or uponreassignment to another unit.