ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 April 2019 DOCKET NUMBER: AR20170019842 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as Specialist-Five (SP5/E5). 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 he received a promotion to SP5 as a Drone Launcher Chief one month prior to being discharged. He was assigned to 503d Aviation Company, 3d Armored Division in Hanau, Germany, with the Military Occupational Specialty (MOS) 105.10. He believes that since it was only one month before his discharge, it somehow got overlooked because he was assigned to an aviation base. 3. The applicant was inducted into the Army of the United States on 19 October 1960. 4. His DA Form 24 (Service Record) shows his rank/pay grade as SP4/E-4 (Temporary (T)) as of 1 July 1962 by authority of Unit Orders Number 37, dated 1 June 1962. 5. Special Orders Number 204 published on 11 October 1962 released him from active duty and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training) XI USA Corps effective on 13 October 1962. 6. His DD Form 214 shows his rank/pay grade was SP4/E4 (T) with a date of rank of 1 June 1962 at the time of his release from active duty. 7. USAAC Form 825b shows that he was honorably discharged from the USAR on 30 September 1966 in the rank of SP4. 8. His service record does not include any orders promoting him to SP5 or SGT/E-5. 9. Army Regulation 600-200 provided guidelines that stated company commanders could appoint qualified individuals as acting sergeants (E-5) to serve in position vacancies existing in their units. An acting noncommissioned officer's (NCO) status would be terminated at the discretion of the commander who made the appointment, upon assignment of a regular appointed NCO to the position, or upon reassignment to another unit. 10. Based on Army Regulation 635-5, the DD Form 214 is prepared to show the rank/pay grade the Soldier held at the time of separation. The applicant held the rank/pay grade of SP4/E-4 (T) at the time of his separation on 13 October 1962. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The Board considered the applicant’s statement but determined that there is no evidence to show that the applicant was ever promoted to SP5. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. (Optional as applicable.) 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 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. Items 5a and 5b show the rank/grade in which a member was serving at the time of separation with an indication of permanent or temporary. 3. Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Section VII (Enlisted Aspects of Command), paragraph 25e (Acting noncommissioned officers) provides that company, troop, battery, and separate detachment commanders may appoint qualified individuals as acting sergeants (E-5) in accordance with AR 624-200 to serve in position vacancies. While so acting they will wear the insignia and have the responsibilities, authority, and privileges of the position to which appointed, except that they will not be entitled to the pay and allowances of such higher grades, and such service will not, be credited as time in a higher grade for appointment or date of rank purposes. ABCMR Record of Proceedings (cont) AR20170019842 4 1