ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:  1 April 2019

                   DOCKET NUMBER:  AR20170013391


APPLICANT REQUESTS:  correction of item 5a (Grade, Rate or Rank) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as sergeant (SGT) instead of specialist four (SP4).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Page 3 of DA Form 20 (Enlisted Qualification Record)

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 his DD Form 214 shows his rank as SP4, but he knows he was promoted to Drill Sergeant when he served with Company E, 5th Battalion, 3rd Brigade during his last 6 months in the service.  He did not receive his records until 2016 when he noticed the error.  

3.  The applicant was inducted into the Army of the United States on 10 April 1969.  He served in Vietnam from 17 September 1969 to 16 September 1970.  

4.  His DA Form 20 shows his rank/pay grade as SP4/E-4 (Temporary (T)) as of 19 January 1970 by authority of Special Order Number 20 (sic 27), dated 1970.  He held duty military occupational specialty 00F4O as a Drill Sergeant while assigned to Company E, 5th Battalion, 3rd Brigade, Fort Dix, NJ on 24 October 1970.  

5.  His Standard Form 88 (Report of Medical Examination), dated 19 March 1971 shows he was serving in pay grade E-4 at the time of his separation physical.

6.  Special Orders published on 9 April 1971 released him from active duty on 9 April 1971 in the rank of SP4.  On the following date, he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  

7.  His DD Form 214 shows his rank/pay grade was SP4/E-4 with a date of rank of 19 January 1970 at the time of his separation.

8.  Letter Orders published on 25 March 1975 discharged him from the USAR Control Group (Standby) on 1 April 1975 in the rank of SP4.  

9.  His service record does not include any orders promoting him to SP5 or SGT/E-5.

10.  Army Regulation 600-200 provided guidelines that stated company commanders could appoint qualified individuals as acting sergeants (E-5) to serve in position vacancies existing in their units.  An acting noncommissioned officer's (NCO) status would be terminated at the discretion of the commander who made the appointment, upon assignment of a regular appointed NCO to the position, or upon reassignment to another unit.

11.  Based on Army Regulation 635-5, the DD Form 214 is prepared to show the rank/pay grade the Soldier held at the time of separation.  The applicant held the rank/pay grade of SP4/E-4 at the time of his separation on 9 April 1971.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon a lack of evidence to show he was ever promoted beyond the rank of Specialist E4, the Board recommended that the request should be denied.


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.

SIGNATURE:

				 
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) at the time established the standardized policy for preparing and distributing the DD Form 214.  Items 5a and 5b show the rank/grade in which a member was serving at the time of separation with an indication of permanent or temporary.

3.  Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army 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 detachment commanders may appoint qualified individuals as acting sergeants (E-5) to serve in position vacancies existing in their units at their present or higher grade, including those resulting from temporary absences of assigned NCOs.  Acting NCOs may wear either the 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 made the appointment, upon assignment of a regular appointed NCO to the position, or upon reassignment to another unit.

ABCMR Record of Proceedings (cont)	 AR20170013391
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