ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 April 2019

	DOCKET NUMBER:  AR20170014575


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was separated in the rank of staff sergeant (SSG)/pay grade E-6 instead of sergeant (SGT)/pay grade E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 20 (Enlisted Qualification Record) pages 3 and 4
* DD Form 214 for the period ending 2 May 1969

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 was inducted in the Army of the United States on 3 May 1967

3.  He was promoted to the following ranks/grades as indicated:

* private (PVT)/E-1 permanent on 3 May 1967
* private (PV2)/E-2 permanent on 3 September 1967
* private first class (PFC)/E-3 permanent on 3 October 1967
* specialist four (SP4)/E-4 temporary 28 January 1968

4.  Special Orders 240 issued on 15 November 1968 by Headquarters, 2nd Basic Combat Training Brigade, Fort Dix, NJ promoted the applicant to the temporary rank and grade of SGT/E-5 effective 15 November 1968. 

5.  He was honorably released from active duty on 2 May 1969 upon the completion of his required service and was transferred to the U.S. Army Reserve.  His DD Form 214 shows in:

     a.  item 5a (Grade, Rate or Rank):  SGT (T) [Temporary] with an annotation to see item 30 (Remarks)

     b.  item 5b (Pay Grade):  E-5

     c.  item 6 (Date of Rank (DOR)):  15 November 1968

     d.  item 30:  Item 5a date of appointment [to] PFC/pay grade E-3 (permanent) 8 October 1967

6.  The applicant provided pages 3 and 4 of his DA Form 20 showing his principle duty title from 19 September 1968 to his discharge date was Drill Sergeant (E-6) of a basic combat training company at Fort Dix, NJ.  There are no orders filed in his official military personnel record showing he was promoted to the rank and grade of SSG/E-6.    

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the fact there was insufficient evidence to show that the applicant was ever promoted beyond the rank of Sergeant E5, the Board recommended denial of the request.

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 600-200, in effect at the time, prescribed policies, responsibilities, and procedures pertaining to the career management of Army enlisted personnel.  This regulation stated:

     a.  Individuals promoted to grades E-5 and E-6 would be promoted to specialist grades rather than NCO grades.  Exceptions were authorized only when:

          (1)  the standards of grades authorization (SGA) did not contain a specialist skill level for the grade and 3-digit MOS to which promotion was being accomplished, or

          (2)  when the SGA contained both specialist and NCO skills levels for the grade and 3-digit MOS to which promotion was being accomplished, and the individual occupied an authorized NCO position vacancy at the next higher pay grade level in the current table of organization and equipment, modified table of organization and equipment, table of distribution and allowances, or other authorization document.  An individual could not be promoted to SGT or staff sergeant if the promotion would cause a surplus of by-grade authorized NCO personnel in the unit to which the individual was assigned.

     b.  Later versions of the regulation stated that unit commanders could appoint qualified individuals as acting corporals (E-4) and acting SGTs (E-5) to serve in position vacancies existing in their units, including those resulting from temporary absences of assigned NCOs.  Appointment of acting NCOs and termination of such status was to be announced in orders issued by the appointing authority.  An acting NCOs status terminated upon reassignment to another unit, at the discretion of the unit commander who made the appointment, and upon assignment of a regularly-promoted NCO to the position.

     c.  Lateral appointments from specialist to NCO grades were authorized when the SGA changed to delete provisions for specialists in that pay grade and MOS.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation.

     a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contained guidance for preparation of the DD Form 214.

     b.  It stated all available records would be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions for:

          (1)  item 5a stated to enter the grade in which serving at the time of separation, indicating whether permanent or temporary (e.g., SP5 (P));

          (2)  item 5b stated to enter the pay grade;

          (3)  item 6 stated to enter the DOR for the grade shown in item 5a; and

          (4)  item 30 stated the remarks section would be used to complete entries too long for their respective items.  Specifically, if the grade shown in item 5 was not permanent, enter the permanent grade, date of appointment, and date of rank; otherwise, enter the date of appointment to the permanent grade.


ABCMR Record of Proceedings (cont)	 AR20170014575


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