ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20170018857 APPLICANT REQUESTS: * correction of his record to show he received a permanent promotion to sergeant (SGT)/E-5 * compensation for his promotion from private first class (PFC)/(E-3) to SGT/E-5 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Two (2) Photos 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 (ABCMR) 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 he served in Vietnam from 10 March 1965 to 17 August 1965 as a SGT/E-5 in military occupational specialty (MOS) 053.17, (Radio Apprentice). He never received a permanent rank or compensation. He would like his records corrected for his time in service. 3. The applicant provides two pictures of himself wearing the rank with the senior radio operator on the team. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 16 November 1962. b. He served in Vietnam from 30 October 1964 to 23 April 1965 through 2 campaigns. His DA Form 20 (Enlisted Qualification Record) shows he served in Signal Company, 1st Special Forces Group (Airborne), 1st Special Forces, with a duty military occupational specialty (MOS) 05C2P (Radio Teletypewriter Operator.) c. Block 33 (Appointments and Reductions) of his Enlisted Qualification Record identified the following dates for promotions: * private/E-1 – 16 November 1962 * private/E-2 – 16 March 1963 * PFC/E-3 – 1 July 1963 d. Special Orders Number 235, dated 23 August 1965, shows the applicant from active duty, not by reason of physical disability, with an effective date of 23 August 1965. He is listed as a PFC/E-3 on the orders. e. He was honorably released from active duty on 23 August 1965. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 2 years, 9 months, and 8 days of active service with 1 year, 7 months, and 17 days of foreign service. It also shows in block 3a (Grade, Rate, or Rank) private first class/PFC/E-3. His awards and decorations include: * Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) * Armed Forces Expeditionary Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Good Conduct Medal * Parachutist Badge * Combat Infantryman Badge BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. The Board noted that, at that time, although company, troop, battery, or separate detachment commanders were authorize to promote service members up to the paygrade of E-4, and that commanders of regiments, battle groups, separate or detached battalions, or any similar or separate organizations, which is authorized a commander in the grade of lieutenant colonel or higher, and when commanded by a field grade officer, had the authority to promote up to the pay grade of E-9, the applicant’s record is absent evidence that shows he was recommended or promoted beyond the paygrade PFC/E-3. The Board agreed the request for relief has no merit as the available evidence does not clearly indicate that he was promoted to SGT/E-5, and is not authorized compensation for a higher paygrade.. 1. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ADMINISTRATIVE NOTE(S): A review of the applicant's record shows his DD Form 214, for the period ending 23 August 1965, does not show the following awards, in which he was authorized. As a result, amend the following items: a. item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 by adding: * Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation b. item 32 (Remarks) by adding the following statement, “"Vietnam – 30 October 1964 to 23 April 1965, Indochina – Yes, Korea – No." 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 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 624-200 (Promotions, Demotions, and Reductions – Appointment and Reduction of Enlisted Personnel), in effect at that time, prescribe the policies and procedures governing appointment and reduction of all enlisted personnel on active duty, other than active duty for training. It states appointment authority of personnel assigned to their commands is delegated to the following commanders: a. For appointment to grades in pay grades E-3 and E-4, company, troop, battery, or separate detachment commanders. c. For appointment to grades in pay grades E-5 through E-9, commanders of regiments, battle groups, separate or detached battalions, or any similar or separate organization which is authorized a commander in the grade of lieutenant colonel or higher, and when commanded by a field grade officer. 3. Army Regulation 635-5 (Separation Documents), prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The version of the regulation in effect at the time of the applicant's service, stated for item 22c (and subsequently item 12f), enter the total period of active duty served outside of the continental limits of the United States for the period covered by the DD Form 214 and to enter the last overseas theater (e.g., USARPAC) in which the service was performed. 4. Change Number 15 to Army Regulation 635-5, effective 15 March 1972, changed the regulation to indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. Where the record reflects assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "yes" for Indochina. For example, to show service in Vietnam only, enter "Vietnam – 6 Apr 70 through 28 May 71, Indochina – Yes, Korea – No." 5. Army Regulation 600-8-22 (Military Awards) states: a. The VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for one or more days with an organization participating in or directly supporting military operations. This same regulation states, a bronze service star is authorized with the VSM award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns: * Vietnam Advisory Campaign (15 March 1962 – 7 March 1965) * Vietnam Defense Campaign (8 March 1965 – 24 December 1965) b. The VCM with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam for 6 months during the period 1 March 1961 through 28 March 1973. Qualifying service outside the geographical limits of the RVN required that the individual contributed direct combat support to the RVN and Armed Forces for 6 months. 6. Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170018857 3 1