ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 11 June 2019 DOCKET NUMBER: AR20180003893 APPLICANT REQUESTS: Correction of rank on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from Specialist-Four (SP4) Temporary (T) to Sergeant (SGT). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * Memorandum, Subject: Recommendation for Promotion to the Grade of E-5, dated 9 October 1969 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, in effect, that the document he provided dated in October 1969 resulted in him being given the sergeant stripe for his uniform. 3. A review if the applicant’s service records shows the following on: * 7 February 1968 – inducted in the Army of the United States * 8 March 1969 – promoted to the rank SP4(T) * 9 May 1969 – appointed to acting SGT, with a note from his commander that he was recommended for promotion on the October E-5 promotion board and orders to follow * 26 October 1969 – honorably released from active duty and transferred to the US Army Reserve after completing 1 year, 8 months, and 20 days of service at the rank of SP4 (T) 4. The applicant provides: * DD Form 214 which shows in item 5a his rank as SP4(T) * promotion recommendation listed dated 9 October 1969 which shows he was selected for promotion by personal appearance to the rank of SGT 5. On or about 26 August 1971, the applicant appealed to the Office of the Adjutant General, US Army Administration Center, that he was promoted to E-5 on an October 1969 promotion board. He was informed in a letter by the Assistant Adjutant that no record of his promotion to SGT/ E-5 was found on file. 6. Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel. It states, for promotion to SGT, a Soldier must be recommended for promotion and the recommendation must be approved by the promotion authority. 7. AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214: * for 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 (now the Enlisted Record Brief) * for 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 BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board discussed his statement and the documents he provided, noting that recommendation memorandum states in paragraph 1 that “individuals will be promoted in the order listed subject to position vacancy, MOS restriction, and receipt of allocations. The Board found insufficient evidence to show that after being recommended for promotion, orders were issued promoting him after the other individuals ahead of him on the list. 2. After reviewing the application and all supporting documents, the Board found the 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: 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. 2 July 2019 X Chairperson Signed by: 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. 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) prescribes the policies and procedures governing promotion and reduction of Army enlisted personnel. It states, for promotion to SGT, a Soldier must be recommended for promotion and the recommendation must be approved by the promotion authority. 3. AR 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214: * for 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 (now the Enlisted Record Brief) * for 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