ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  6 August 2019

	DOCKET NUMBER:  AR20170018976


APPLICANT REQUESTS:  his promotion be added his record

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military 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 promotion while in Vietnam is not reflected on his service record.  He believes his record may have been lost or not recorded or transferred with his personnel file. 

3.  A review of the applicant’s service record shows:

a.  He enlisted in the Regular Army on 25 February 1969.

b.  He served in Vietnam from 3 December 1969 to 4 October 1971.

   c.  Special Orders Number 222, issued by Headquarters, 20th Engineer Battalion, promoted him to SP5/E-5 on 20 August 1970.

   d.  His service record is void of documentation showing he was promoted after       20 August 1970.


   e.  He was honorably released from active duty on 4 October 1971.  He was transferred to the USAR Control Group (Reinforcement) as a SP5.  He completed 2 years, 7 months and 5 days of net service.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in:
   
* Item 5a (Grade, Rate or Rank) and 5b (Pay Grade) SP5/E-5
* Item 6 (Date of Rank) 20 August 1970

4.  By regulation, 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.  Item 5a for enlisted personnel reflects the grade in which serving at time of separation as shown on the DA Form 20 and 5b for enlisted personnel shows the pay grade.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon there being no record of a promotion beyond the rank of SP5 in the applicant’s record, the Board concluded there was no error or injustice which would warrant making a change to the applicant’s rank reflected on his DD Form 214.

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 (AR) 635-5 (Separation Documents) govern the preparation of the DD Form 214.  It states, the DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.

   a.  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)
   
   b.  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
   
3.  AR 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed Department of the Army policy, criteria, and administrative instructions concerning enlisted promotions.  Paragraph 7-15 describes normal requirements necessary to establish an individual eligibility for promotion.  For promotion to the rank/grade of Staff Sergeant/E-6, the required time in grade as an E-5 was 10 months and the required time in service was 84 months in the primary zone and 60 months in the secondary zone.  However the promotion authority may waive some requirements to permit promotion consideration of individuals who demonstrate an outstanding level of performance.   Wavier of one-half of the time in pay grade is permissible.  Waiver of the minimum service required for promotional consideration to pay grade E-5 or E-6 in the primary zone will not be granted.  Personnel in pay grade E-5 with at least 60 but less than 81 months may, with the use of one waiver for time in service, compete for recommended-list status in the secondary zone.  The individual must receive recommendation or concurrence in recommendation from their unit commander.  If duty is performed under other than the unit commander to whom assigned for administration, the recommendation will be indorsed by administrative unit commander.

ABCMR Record of Proceedings (cont)	 AR20170018976


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