ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 August 2019

	DOCKET NUMBER:  AR20180008862


APPLICANT REQUESTS: 

* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to accurately capture his rank, height, and foreign service
* Certificates of Promotion for the grades of E4 and E5
* his Honorable Discharge Certificate
* a Certificate of Achievement (COA)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Self-Authored Statement

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 is requesting corrections of his DD Form 214 for his grade (Block 3a.), height (Block 7e.), and his foreign service (Block 24c.).  

	a.  He believes the mistakes were unintentionally made by an unskilled clerk typist.  The mistakes could have been avoided if they would have taken the time to enter the information correctly.

	b.  He entered the Army 2 August 1963 and quickly rose from the rank of private/E1 to sergeant/E5 in just over two years.  He is uncertain if sergeants were returned to SP5s in 1966, but he remained a sergeant, a non-commissioned officer (NCO).

	c.  He subsequently received a top secret clearance and was sent to electronic counter measures (ECM) technical school.  During his time at school he was hand selected to serve as a personal aid to the base commander, Brigadier General (BG) X___, and remained in the role until he completed training as an ECM technician.  He was then assigned to Fort Huachuca, AZ.

	d.  He had great success at his first duty station and then was sent to Fort Bragg, NC, where he served his last term.  They were tasked with acquiring supplies to meet the requirements for the 82nd Airborne Division.  He made one trip to the Dominican Republic, for approximately two weeks, to set up a temporary supply dump and that time is not reflected in his foreign service.

	e.  He feels he should have received certificates of promotion for the grades of E4 and E5, a COA, and an honorable discharge certificate.  He received nothing but a DD Form 214 riddled with errors and was told by a friend to have it corrected for national cemetery rights.

3.  A review of the applicant’s service record shows:

   a.  He enlisted in the Regular Army (RA) on 2 August 1963.  Block 18a of his DD Form 4 (Enlistment Record) documented his height in Block 18a as 71 ½ inches           (5' 11 1/2.")

   b.  His DA Form 20 (Enlisted Qualification Record) does not indicate any foreign service time.  There is also no evidence in his service record to show an achievement act that led to his recognition, or that he was recommended by his chain of command, for a COA.

   c.  Special Orders Number 98, dated 17 September 1965, awarded him the Expert Marksmanship Qualification Bade with Rifle Bar (M-14).

   d.  Special Orders Number 7, dated 10 January 1966, showed he was promoted to the temporary rank of sergeant/E5.

   e.  He was honorably released from active duty on 1 August 1966.  He served in his temporary grade of E5 for 7 months.  His DD Form 214 shows he completed 3 years of total active service.  Block 3a. (Grade, Rate, or Rank) was noted as SP5 (T) E-5, Block 7e (Height) as 6’10” and Block 24c indicated no foreign service.  It also shows he was awarded or authorized the National Defense Service Medal.

   f.  He served his remaining obligation in the U.S. Army Reserve and was honorably discharged on 30 July 1969.  The Honorable Discharge Certificate was located in his service record.

4.  A review of his service record confirms he is eligible for awards that are not recorded on his DD Form 214.  These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board.  The Board will consider the administrative corrections for his DD Form 214, promotion certificates, and the Certificate of Achievement.

5.  By regulation, (AR 624-200) effective 1 July 1962, temporary appointments of RA personnel in grade in which serving, will become permanent on the earliest of the date of completion of time in grade, computed from temporary date of rank, as follows, for    E-5 and E-4, 12 months.

6.  By regulation, (635-5) 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.  Awards and decorations for all periods of service are to be listed in the priority sequence specified in AR 600-8-22, which gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

7.  By regulation, (635-200) Title 10, United States Code, section 3811, provides that a discharge certificate will be given to each lawfully inducted or enlisted member of the Army upon discharge from the Service.

8.  By regulation, (AR 672-5-1) commanding officers may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual United States military personnel a Certificate of Achievement, either devised locally or by use of a DA Form 2442.  The citation of such certificate will not be worded so that the act or service performed appears to warrant the award of a decoration.

9.  By regulation, (AR 600-8-19) the promotion order is the official instrument for promotion.  It also is the source document for rank, effective date, and date of rank for all record and pay purposes.  The promotion certificate is not the official instrument of promotion nor is a promotion ceremony required to implement the promotion.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found some relief was warranted.  The applicant contentions were carefully considered.  He contends he is 6 feet tall, was a SGT, should receive specified certificates, and have Foreign Service listed on his DD Form 214.  The applicant’s record shows he entered active duty at 5’11 1/2'” tall; however, his DD Form 214 shows 6’10”.  The Board agreed to correct his height to show 6 feet.  His record also shows that he was promoted to SGT and not SP5; therefore, the Board agreed to change his rank on the DD Form 214.  His DA Form 20 shows he received all excellence ratings for his conduct and proficiency.  The Board agreed to also award him the Army Good Conduct Medal for his service.

The applicant’s record is absent any evidence showing he deployed for an assignment in the Dominican Republic.  He contends he served there few several weeks.  Regulatory guidance does not provide for the listing of temporary duty locations on the separation document.  Finally, the Board is capable of granting relief by correcting administrative errors found on Army certificates; however, the Board does not provide replacements for lost certificates or those allegedly not issued.

Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Army Good Conduct medal (1st Award) for exemplary service from 2 August 1963 through 1 August 1966, and amending his DD Form 214 for the period ending 1 August 1966 by:

     a.  changing item 3a to show his rank as SGT

     b.  changing item 7e to show his height as 6’00”; and

     c.  adding to item 26 the Army Good Conduct Medal (1st Award) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding Foreign Service and providing certificates for promotion, achievement, and his discharge.


	 
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 service records show he is authorized additional awards not annotated on his DD Form 214.  As a result, amend his DD Form 214 to add the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).


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 (AR) 635-5 states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  

	a.  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.

	b.  Awards and decorations for all periods of service are to be listed in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

3.  AR 624-200 (Appointment and Reduction of Enlisted Personnel: Promotions, Demotions, and Reductions, 1962) in effect at the time, states effective 1 July 1962, temporary appointments of Regular Army personnel in grade in which serving, will become permanent on the earliest of the date of completion of time in grade, computed from temporary date of rank, as follows, for E-5 and E-4, 12 months.

4.  AR 635-200 (Enlisted Personnel – Personnel Separations), in effect at the time, states Title 10, United States Code, section 3811, provides that a discharge certificate will be given to each lawfully inducted or enlisted member of the Army upon discharge from the Service.

5.  AR 672-5-1 (Awards: Decorations, Awards, and Honors), in effect at the time, states commanding officers may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing to individual United States military personnel a Certificate of Achievement, either devised locally or by use of a DA Form 2442.  The citation of such certificate will not be worded so that the act or service performed appears to warrant the award of a decoration.

6.  AR 600-8-19 (Enlisted Promotions and Reductions), currently in effect, states the promotion order is the official instrument for promotion.  It also is the source document for rank, effective date, and date of rank for all record and pay purposes.  The promotion certificate is not the official instrument of promotion nor is a promotion ceremony required to implement the promotion.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180008862


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