ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  26 April 2019

	DOCKET NUMBER:  AR20170017040


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

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214
* Page 2, Special Orders Number 2, dated 2 January 1970

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 into the Army of the United States on 3 April 1968.    

3.  Special Orders Number 141 issued by Headquarters, The Candidate Brigade (Provisional), Fort Benning, GA on 12 November 1968 promoted the applicant to the temporary rank/grade of SGT/E-5.
3.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was promoted to the temporary rank/grade of SGT/E-5 on               12 November 1968.  
6.  His Military Personnel Records Jacket (MPRJ) contains the Standing Promotion List to Grades E-5 and E-6 for Headquarters, 5th Battalion, 46th Infantry, dated 29 April 1969, which shows the applicant was selected for promotion effective 22 April 1969.  It was noted that promotions from the Standing Promotion List are made upon receipt of allocations and upon verification of a position vacancy within the scope of the Promotion Authority. 

7.  His MPRJ does not contain promotion orders which indicate he was selected for or promoted to the rank/grade of SSG/E-6 by proper authority during his active duty tenure; however, his records do contain Special Orders Number 2 issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, dated 2 January 1970, which show he was released from active duty (REFRAD) on 2 January 1970.  His rank is listed as SSG on the document; however, a date of rank is not present.

8.  On 2 January 1970, he was honorably REFRAD.  Item 5a (Grade, Rate or Rank) contains the entry, "SGT (T)."  Item 5b (Pay Grade) contains the entry, "E-5."  Item 6 (Date of Rank) lists his date of rank as 12 November 1968.  

9.  Chapter 7 of Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, contained Army-wide promotion policy and procedures.  It stated, in pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.    

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon information found within the MPRJ of the applicant, as well as Special Orders Number 2 issued by HQ, U.S. Army Personnel Center, Fort Lewis, WA, reflecting his rank as SSG when releasing him from active duty, the Board concluded there was sufficient evidence to grant the applicant the requested relief.  

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing:
* Item 5a to read:  SSG
* Item 5b to read:  E-6
* Item 6 to read:   1 May 1969

	 
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 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 contained Army-wide promotion policy and procedures.  It stated, in pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.  

3.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation taken from the Soldier’s promotion/reduction orders.  Item 6 shows the date of rank.


ABCMR Record of Proceedings (cont)	 AR20170017040


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