ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 April 2019 DOCKET NUMBER: AR20180000677 APPLICANT REQUESTS: promotion to sergeant/E-5 with back pay. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders Number 302, Headquarters, 12th Evacuation Hospital (Semi- mobile (SMBL)), Vietnam, dated 30 December 1968 * Purple Heart Certificate, dated 30 December 1968 * letter, U.S. Army Human Resources Command, Fort Knox, KY, dated 11 December 2017 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: a. He was severely wounded in action in Vietnam on 28 December 1968. This was the day he was awarded Sergeant/E-5. He never knew he had received this rank until about a month ago. His sister found his military records in her attic and it was only then that he knew he was promoted. b. He has the official records showing his promotion. Due to the severity of his wounds he never received his sergeant stripes or the increase in pay associated with it. His DD Form 214 is in error because he is listed as a specialist/E-4. c. He left Vietnam nearly deceased and has no regrets about being wounded for his country. I has experienced much anger over the years about not receiving the sergeant/E-5 promotion. He is presently a 100 percent disabled veteran. 3. On 4 August 1967, he was inducted into the Army of the United States. 4. He served in Vietnam from 8 January 1968 through 1 February 1969. 5. Unit Order Number 45, 1st Battalion, 27th Infantry Regiment, Vietnam, dated 8 June 1968, promoted him to specialist/E-4. 6. He provided General Orders Number 302, Headquarters, 12th Evacuation Hospital (SMBL), Vietnam, dated 30 December 1968, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 28 December 1968, while attached to A Company, 1st Battalion, 27th Infantry Regiment. This order shows his rank as sergeant. 7. He provided a Purple Heart Certificate, dated 30 December 1968, showing he was awarded the Purple Heart for wounds received in action on 28 December 1968. His rank is shown as sergeant. 8. Special Orders Number 27, Headquarters, 106th General Hospital, Yokohama, Japan, dated 31 January 1969, reassigned him to Valley Forge Medical Hospital, Phoenixville, PA. His rank is shown as sergeant. 9. General Orders Number 25, Valley Forge General Hospital, Phoenixville, PA, dated 28 April 1969, awarded him the Purple Heart. His rank is shown as specialist 4. 10. On 3 September 1969, he was present for Medical Board Proceedings at Valley Forge General Hospital, Phoenixville, PA. He authenticated the results of the Medical Board hearing with his signature on 10 September 1969. His rank/grade was shown as specialist 4. 11. On 16 September 1969, a Physical Evaluation Board met to consider his fitness to perform the duties of his office, rank or grade. His rank/grade was shown as specialist 4. 12. Item 7 (Highest Grade Attained) of an AGPZ Form 977 (Data for Retired Pay), dated 3 October 1969, shows his highest grade attained as specialist 4. 13. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 33 (Appointments and Reductions), his grade and date of rank: * Private, E-1 permanent (P), 4 August 1967 * Private, E-2, P, 4 December 1967 * Private First Class, P, 12 January 1968 * Specialist 4 temporary (T), 8 June 1968 14. Special Orders Number 191, Headquarters, Department of the Army, Washington, DC, dated 3 October 1969, placed him on the retired list at the rank of specialist 4. 15. His DD Form 214, shows his grade as specialist 4 (P), and his pay grade as E-4. 16. His records contain no orders promoting him to sergeant/E-5. 17. Army Regulation 635-5 (Separation Documents) established standardized policy for preparing and distributing the DD Form 214. In item 5a (Grade, Rate or Rank), it stated to enter grade in which serving at time of separation, indicating whether permanent or temporary. For Item 5b (Pay Grade) it stated to enter pay grade. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions and medical concerns were carefully considered. His record is absent evidence that shows he was recommend for promotion or promoted to SGT prior to his discharge. Based upon the preponderance of evidence, the Board agreed there was no error or injustice in this case. 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): A review of the applicant's records shows he was authorized medals and badges not shown on his DD Form 214. As a result, amend the DD Form 214 with an effective date of 10 October 1969 by adding: * Bronze Star Medal * Vietnam Service Medal with five bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 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 the preparation of DD Form 214, including DA Form 20 (Enlisted Qualification Record), and orders. In item 5a (Grade, Rate or Rank), it stated to enter grade in which serving at time of separation, indicating whether permanent or temporary. In Item 5b (Pay Grade) it stated to enter pay grade. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180000677 4 1