ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2019 DOCKET NUMBER: AR20170017796 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * promotion to staff sergeant (SSG)//E6 * security clearance * crew chief duty position(s) * sniper school completion APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 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 fails to mention that as a team leader, he had a security clearance. He adds while in Vietnam he attended sniper school. Additionally, as a crew chief he worked in a 4.2 motor pit and for the 1st Battalion 58th Infantry in Fort Benning, GA. 3. The applicant provides 11 photographs: * narrative which explains the heroic efforts of the men of the Reconnaissance Platoon in Quang Ngai, Vietnam * newspaper article on the applicant from the Laos Border while in Vietnam * applicant with another gentleman, presumably during the Vietnam War * Bronze Star Medal citation and certificate, awarded in March 1970 * State of New York Certificate for conspicuous service * Town of Huntington letter and proclamation awarded to the applicant * * Certificate of Acknowledgment, dated 30 May 1987 * The 3d U.S. Infantry Regiment (The Old Guard) reunion, dated 22 September 2006 * Walt Whitman High School Diploma awarded to the applicant * Member Honor Roll from the Veterans of Foreign Wars 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 24 September 1968. b. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 9 March 1969 to 8 March 1970. It also shows in item 33 (Appointments and Reductions): * private (PVT)/E1, 24 September 1968 * PVT/E2, 24 January 1969 * Private first class/E3, 11 February 1969 * specialist/E4, 5 October 1969 * sergeant(SGT)/E5, 17 January 1970 c. He was reassigned to Company B, 1st Battalion, 58th Infantry, Fort Benning, GA as a 11B40 (Infantryman) on 13 May 1970. d. On 23 September 1970, he was honorably released from active duty. His DD Form 214, as amended by his DD Form 215 (Correction to DD Form 214) shows he completed 2 years of active service. It also shows in: * Items 5a (Grade, Rate or Rank) and 5b (Pay Grade): SGT and E-5 * Item 6 (Date of Rank): 17 January 1970 * Item 23a (Specialty Number & Title): 11B40 LIGHT WEAPONS INFANTRYMAN * Item 24 (Decorations Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * Vietnam Service Medal with 2 bronze service stars * Vietnam Campaign Medal with 1960 Device * National Defense Service Medal * 2 Overseas Service Bars * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16) * Bronze Star Medal * e. His record is void of documentation which would indicate he completed sniper training or served as a crew chief. Additionally, the available military service records are void of promotion orders promoting him above the rank/grade of SGT/E5. 5. By regulation: a. Field grade commanders of any organization which is authorized a commander in the grade of lieutenant colonel or higher may promote assigned personnel to pay grades E5 and E6. Promotion to SSG/E6 requires, at a minimum, that a Soldier have 5 years time in service before being promoted to SSG/E6 and promotion must be announced in orders. b. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. * For items 5a (Grade, Rate or Rank) and 5b (Pay Grade), enter the active duty grade or rank and pay grade at time of separation from the DA Form 20 (Enlisted Qualification Record) * For item 6 (Effective Date of Pay Grade), from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade * For item 23a (Specialty Number & Title), enter primary MOS code number and title c. There is no provision which would allow for the entry of a security clearance on the DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. His record is absent evidence that shows he was promoted to the rank of SSG, and completed the Sniper Course. In addition, the applicant requests to add a record of duty positions in which he served and the security clearance level he held at the time of his separation to the DD Form 214. The Board agreed regulatory guidance does not provide for the listing of security clearances and duty positions held on the separation document. Prior to closing the case, the Board did note that the applicant's record shows he received all excellence ratings in his conduct and proficiency during his period of service; however, there is no evidence he was awarded the Army Good Conduct Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION OARD DETERMINATION/RECOMMENDATION: 1. 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. 2. Prior to closing the case, the Board did note that the applicant's record shows he received all excellence ratings in his conduct and proficiency during his period of service; however, there is no evidence he was awarded the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 24 September 1968 through 23 September 1970, and adding the medal to his DD Form 214 for the period ending 23 September 1970. CHAIRPERSON Signed by: 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 (AR) 600-200 (Enlisted Management Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 (Promotion and Reduction) contained Army wide promotion policy and procedures. It states: a. Paragraph 7-2 (Authority to promote), promotion authority for promotion to pay grades E5 and E6 are commanders of battalions and any similar or higher echelon organizations which are authorized a commander in the grade of lieutenant colonel or higher. b. Paragraph 7-3 (Orders), temporary promotion of enlisted personnel to all grades above E3, permanent, promotion, lateral appointments, grade reductions, and grade restorations will be announced in orders. c. Paragraph 7-15 (Eligibility and selection criteria), Soldiers must complete 10 months in the grade of SGT/E5 and have 5 years of time in service to be promoted to SSG/E6. 3. AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. * For items 5a (Grade, Rate or Rank) and 5b (Pay Grade), enter the active duty grade or rank and pay grade at time of separation from the DA Form 20 (now the Enlisted Record Brief * For item 6 (Effective Date of Pay Grade), from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade * For item 23a (Specialty Number & Title), enter primary MOS code number and title. If the specialty represented by the MOS has a related civilian occupation, enter in item 23b the appropriate job title and code number from the dictionary of occupational titles. If not applicable, enter “NA” //NOTHING FOLLOWS//