ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  24 October 2019

	DOCKET NUMBER:  AR20180009212


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) to change item 5a (Grade, Rate, or 
Rank) from private to sergeant and item 5b (Pay Grade) from PVT/E-2 to SGT/E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	NGB (National Guard Bureau) Form 22
*	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 (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 that he would like to have his DD Form 214 corrected to 
change item 5a (Grade, Rate, or Rank) from private to sergeant and item 5b (Pay 
Grade) from E-2 to E-5.  He is a proud veteran and patriot and served 2 years and 2 
months in Vietnam. Within the first year and half he attained the rank of sergeant/E-5 
but only has one record that shows specialist/E-4.  After going home on rest and 
relaxation he become engaged to his wife of 47 years.  When he went back to 
Vietnam to serve his remaining 6 months he developed an attitude based on his 
feelings about the war and wanting to b back home to start a family.  His rank 
reductions were caused by issues of insubordination which he truly regrets.  When 
he came home from Vietnam, not only was he chastised for his service but was also 
very ashamed of his conduct the last 6 months of his tour.  He felt compelled to 
redeem himself so in November of 1975 he enlisted in the Army National Guard 
(ARNG).  Later, he separated and served in an Army engineering unit and the Air 
National Guard Civil Engineering unit.  His rank at separation are as follows:

*	ARNG, 47th Infantry Division, Artillery E-4
*	ARNG, 682nd Engineering Battalion sergeant/E-5
*	Air National Guard, 133rd Civil Engineering staff sergeant-E-5

3.  The applicant provides a copy of NGB Form 22 which shows in item 5a (Pay 
Grade) staff sergeant and item 5b (Pay Grade) E-5 with a date of rank of 
30 October 1989.  A copy of his DD Form 214 that shows in item 5a (Grade, Rate or 
Rank) private and 5b (Pay Grade) E-2 with a date of rank as 
9 February 1972.  He also provides a copy of a letter of appreciation dated 
13 February (year is illegible) that shows the applicant’s rank as specialist 4th class.

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

	a.  He enlisted in the U.S Army Reserve (USAR) on 28 April 1969.  He enlisted in 
the Regular Army (RA) on 27 June 1969.

	b.  His DA Form 20 (Enlisted Qualification Record) shows in item 2 (Grade) 
private/E-2 with a date of rank of 9 February 1972.  It also shows in item 33 
(Appointments and Reductions) promotion to

*	specialist 5 with date of rank 23 February 1971
*	specialist 4 with date of rank 4 August 1971
*	private first class with date of rank 4 February 1972
*	private (E2) with date of rank 9 February 1971

	c.  He served in Vietnam from 11 December 1969 to 15 February 1972.

	d.  He accepted nonjudicial punishment on:

*	10 April 1971, for being found drunk at his post without his weapon
*	20 April 1971, for being found drunk at his post
*	30 May 1971, for disrespectful towards his superior commissioned officer and 
indulgenced in intoxicating liquor; his punishment included reduction to the 
rank of specialist 4
*	25 December 1971, for failure to follow orders from a noncommissioned 
officer to shave before 1300 hours
*	4 February 1972, for damage of a military vehicle and operating a military 
vehicle in a reckless manner; his punishment included reduction to the grade 
of private first class

	e.  Unit order number 29, dated 21 April 1971, announces the forfeiture of pay 
and shows the applicant’s rank as specialist 5.

	f.  Special order number 33, dated 30 April 1971, announces the forfeiture of pay 
and shows the applicant’s rank as specialist 5.

	g.  Special order number 160, dated 9 June 1971, announces the forfeiture of 
pay and shows the applicant’s rank as specialist 5.

	h.  Special orders number 14, dated 14 January 1972, announces the forfeiture 
of pay and shows the applicant’s rank as specialist 4.

	i.  Special orders number 28, dated 28 January 1972,reassigns the applicant to 
92nd Engineers and shows the applicant’s rank as specialist 4.
	j.  Special orders number 37, dated 6 February 1972, shows the applicant’s rank 
being reduced from specialist 4 to private first class.

	k.  DA Form 137 (Installation Clearance Record), dated 15 February 1972, shows 
in item 3 (Grade) specialist/E-4.

	l.  Special orders number 47, dated 16 February 1972, relieves the applicant from 
active duty and shows the rank of private/E-2.

	m.  The applicant’s service records are void of orders or documents that reduce 
him to the rank of private/E-2.

	n.  He was released from active duty on 16 February 1972 with an honorable 
discharge.  His DD Form 214 shows in item 5a (Grade, Rate or Rank) private/PV2 
and 5b (Pay Grade) E-2 with a date of rank as 9 February 1972.  It also shows that 
he completed 2 years, 7 months and 20 days of active duty service.

	o.  After an exhaustive search of the applicant’s service record, no evidence of  
promotion orders were found to confirm the applicant’s promotion to the rank of 
sergeant at his time of discharge for the period 27 June 1969 to 16 February 1962.

5.  Army Regulation (AR) 635-5 (Separation Documents) in effect at the time, state 
that:

*	Item 5a (Grade, Rate or Rank) enter grade in which serving at time of 
separation, indicating whether permanent or temporary
*	Item 5b (Pay Grade) enter pay grade

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  Based upon the record of reductions listed on the applicant’s DA 
Form 20, the Board concluded that the rank reflected on the applicant’s DD Form 
214 accurately reflected the rank held at the time of separation.  As a result, the 
Board found insufficient evidence of an error or injustice which would warrant 
making a change to the applicant’s military service record.

?
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 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 (Separation Documents) in effect at the time, state 
that:

*	Item 5a (Grade, Rate or Rank) enter grade in which serving at time of 
separation, indicating whether permanent or temporary
*	Item 5b (Pay Grade) enter pay grade


NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180009212
	
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