ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 August 2019 DOCKET NUMBER: AR20180003852 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 staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5 * add the Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Special Orders (SO) Number 188, dated 7 July 1970 * Disposition Form, dated 11 August 1970 * DA Form 3357 (Board Recommendation), dated 26 August 1970 * Promotion points worksheet, dated 26 August 1970 * General Orders (GO) Number 3512, dated 1 September 1970 * Memorandum, Subject: Promotion Standing List for Grade E5 and E6, dated 31 August 1970 * Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 18 January 2018 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 the missing Combat Infantryman Badge was an administrative oversight. He made the promotion list for SSG and was told the President would not allow draftees to be promoted to SSG. 3. A review of the applicant’s service records show the following on: * 6 May 1969 – the applicant was inducted into the Army of the United States * DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) the applicant was promoted to the rank of SGT on 20 December 1969 * the applicant’s records are void of any orders promoting him to the rank of SSG * 21 March 1971 – the applicant was honorably released from active duty, DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in item: * 5a (Grade, Rate or Rank) SGT * 6; (Date of Rank) 20 December 1969 4. The applicant provides: * SO Number 188, issued by Headquarters, 3rd Brigade, 9th Infantry Division showing he was awarded the Combat Infantryman Badge * Disposition Form showing the applicant’s immediate commander recommended him for promotion to SSG * DA Form 3357-R showing the applicant attended the SSG promotion board and was awarded 684 combined board points * Promotion point worksheet showing the applicant was recommended for promotion to SSG and providing a breakdown of points awarded by area * GO Number 3512 showing the applicant was awarded the Air Medal for meritorious achievement while participating in sustained aerial flight in support of his Combat Infantryman Badge * Memorandum, Subject: Promotion Standing List for Grade E5 and E6 showing the applicant was on the promotion standing list for promotion to SSG * VA Form 21-4138 wherein the applicant asserts he earned the promotion to SSG and the President did not allow draftees to be promoted to SSG 5. Army Regulation (AR) 600-200 (Enlisted Personnel Management System) in effect at the time states Headquarters Department of the Army will announce the promotion point cutoff scores for the primary and secondary zone list for promotion to pay grades E5 and E6. Promotion of enlisted personnel in pay grades E-3 through E-9 will be announced in routine orders. Upon completion of deliberation by the selection board, the recorder will complete DA Form 3357-R, arrange on a list, within each 3 digit military occupational specialty, the names of individuals recommended for promotion in order of merit based on total points awarded. Promotions will be made from the current recommended list on the first calendar day in which promotions are authorized. 6. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that will be furnished each individual who is separated from the Army. Item 5a; enter the grade in which serving at the time of separation. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the record of his recommendation for SSG and his name on the Promotion Standing List, the statement on the standing list regarding promotions being made based on allocations and position vacancies and his rank as recorded on his DD Form 214. The Board determined, based on a preponderance of evidence, that while he was recommended for SSG, there was insufficient evidence to show that he was promoted prior to his discharge from active duty. As a result, the Board found no error or injustice requiring a correction. The Board concurs with the correction stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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: With the exception of the correction stated in the Administrative Note(s) that follow, 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 further 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): SO Number 188, issued by Headquarters, 3rd Brigade, 9th Infantry Division, awarded the applicant the Combat Infantryman Badge, the applicant’s DD Form 214 can be amended to add the Combat Infantryman Badge without a board vote. ? 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. AR 600-200 (Enlisted Personnel Management System) in effect at the time states Headquarters Department of the Army will announce the promotion point cutoff scores for the primary and secondary zone list for promotion to pay grades E5 and E6. Promotion of enlisted personnel in pay grades E-3 through E-9 will be announced in routine orders. Upon completion of deliberation by the selection board, the recorder will complete DA Form 3357-R, arrange on a list, within each 3 digit military occupational specialty, the names of individuals recommended for promotion in order of merit based on total points awarded. Promotions will be made from the current recommended list on the first calendar day in which promotions are authorized. 3. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that will be furnished each individual who is separated from the Army. Item 5a; enter the grade in which serving at the time of separation. ABCMR Record of Proceedings (cont) AR20180003852 2 1