ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 August 2019 DOCKET NUMBER: AR20180000602 APPLICANT REQUESTS: promotion to the rank/pay grade of sergeant (SGT)/E-5. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Promotion Standing List memorandum * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to 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 the promotion orders were issued before his return from Vietnam, but they were not executed. He recently discovered the orders while reviewing and submitting his military records/information to the Department of Veterans Affairs. He is respectfully requesting a retroactive promotion to pay grade E-5, based on his military record and high ranking on the promotion list. 3. The applicant provides copies of the following: * Promotion Standing List memorandum, dated 1 December 1971 * DD Form 214, for the period ending on 19 December 1971 * DD Form 215, dated 1 December 2014 4. Review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 28 May 1970. He served in Vietnam from 10 January to 19 December 1971. b. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was promoted to the rank/pay grade of Specialist Four (SP4)/E-4 on 1 April 1971. c. He provides a Promotion Standing List memorandum, issued by Headquarters, 2nd Infantry Battalion (Airmobile), 5th Cavalry, 1st Cavalry, on 1 December 1971, listing him to be promoted to pay grade E-5, with 671.5 promotion points. d. Special Orders Number 353, issued by Headquarters, U.S. Army Personnel Center, Oakland, CA on 19 December 1971, announced his release from active duty (REFRAD effective the same date. The orders show his rank as SP4. e. He was honorably released from active duty on 19 December 1971 and was transferred to the USAR Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 6 months, and 22 days of active service. This form also shows in: * Item 5a (Grade, Rate, or Rank) – SP4 * Item 5b (Pay Grade) – E-4 * Item 6 (Date of Rank) – 1 April 1971 f. Letter Orders Number 04-1082186, issued by the Reserve Components Personnel and Administration Center, St. Louis, MO on 28 April 1976, announced his honorable discharge from the USAR effective 1 May 1976. The orders show his rank as SP4. g. A DD Form 215, dated 1 December 2014, amended his 1971 DD Form 214 to show several awards. 5. By regulations: a. AR 600-8-19 (Enlisted Promotions and Reductions), all Soldiers must go through the promotion board process before they may be selected and promoted to the next higher grade. All Soldiers must be service satisfactorily in an active status. b. AR 600-200 (Enlisted Personnel Management System), promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders. As the name indicates, a promotion recommendation is a recommendation, a statement that a Soldier is eligible for promotion, if and when other criteria is met (time in service, time in grade, order of merit list, availability of a position, etc.). A promotion instrument is the promotion order. c. AR 635-5 (Separation Documents), 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. It stated: * Items 5a and b – the active duty rank pay grade at time of separation * Item 6 – the effective date of the rank/pay grade BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found no evidence that shows he was promoted to SGT at any time prior to his separation. The Board agreed there is insufficient evidence to grant relief. 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 600-8-19 (Enlisted Promotions and Reductions), in effect at the time, states that to be eligible for consideration, selection, and promotion to SGT through Sergeant Major, Soldiers must: a. Be considered and placed in the selection objective of the current promotion list. All Soldiers must go through the board process before they may be selected and promoted. b. Be participating satisfactorily in the next lower grade and serving in an active status. 3. AR 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. The regulation stated that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders. 4. AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. It also stated: * Items 5a and b –would list the active duty rank/pay grade at time of separation * Item 6 – would list the effective date of the rank/pay grade in items 5a and b 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180000602 4 1