ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 September 2019

	DOCKET NUMBER:  AR20180010251


APPLICANT REQUESTS:  his DD Form 214 (Armed Forces of the United States Report 
of Transfer or Discharge) to reflect the rank of E6

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	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 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 his DD Form 214 shows his pay grade as an E-4; however, he 
was an E-6 at the time of his discharge.  He would like for his DD Form 214 to be 
corrected, so he can have E-6 placed on his headstone.

3.  The applicant provides his DD Form 214, Block 5a (Grade Rate or Rank) shows 
SSG (T) (see 30) which is defined as his grade of E-4 was permanent with an 
appointment of 20 August 1966, Block 5b (Pay Grade) shows E-6 and Block 6 (Date of 
Rank) shows 17 March 1969.

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

	a.  He enlisted in the Regular Army on 2 August 1965.

	b.  His DA Form 20 (Enlisted Qualification Record) Block 33 (Appointments and 
Reductions) shows:

*	promotion to Private/E-1 Permanent (P) effective 2 August 1965
*	promotion to Private/E-2 (P) effective 2 December 1965
*	promotion to Private First Class/E-3 effective 2 April 1966
*	promotion to Specialist /E-4 Temporary (T) effective 20 August 1966
*	promotion to Specialist /E-4 (P) effective 20 August 1966
*	promotion to Specialist Five/E-5 (T) effective 21 June 1967

c.  Special Orders number 56, dated 17 March 1969, promoted the applicant to Staff 
Sergeant/E-6 (T), with an effective date of 17 March 1969.

	d.  His DD Form 214 shows he was honorably discharged on 6 June 1969, Block 5a, 
shows SSG (T), Block 5b shows pay grade E-6, and Block 6 shows his effective date of 
rank as 17 March 1969.

5.  By regulation AR 600-200, paragraph 7-4 states promotion of enlisted personnel to 
grade E-3 through E-9, appointments, grade reductions, and grade restorations will be 
announced in routine orders.  All routine orders will be published in the format indicated 
in AR 310-10.  It also states company commanders could appoint qualified individuals 
as acting sergeants (E-5) to serve in position vacancies existing in their units.  An acting 
noncommissioned officers (NCO) status would be terminated at the discretion of the 
commander who made the appointment, upon assignment of a regular appointed NCO 
to the position, or upon reassignment to another unit.

6.  By regulation AR 624-200 (Promotion, Demotions, and Reductions Appointment and 
Reduction of Enlist Personnel) to serve in position vacancies.  While so acting they will 
wear the insignia and have the responsibilities, authority, and privileges of the position 
to which appointed, except that they will not be entitled to the pay and allowances of 
such higher grades, and such service will not, be credited as time in a higher grade for 
appointment or date of rank purposes.

7.  By regulation 635-5, the DD Form 214 is prepared to show the rank/pay grade the 
Soldier held at the time of separation.  The applicant held the rank/pay grade of SSG/
E-6 (T) at the time of his separation on 6 June 1969.

BOARD DISCUSSION:
 
After reviewing the application and all supporting documents, the Board found relief was 
not warranted.  The applicant’s contentions were carefully considered.  Evidence of 
record shows special orders temporarily appointed him to the rank SSG.  His temporary 
rank to SSG is listed on his DD Form 214 as well as his permanent rank as SPC.  The 
Board agreed there was insufficient evidence of an error or injustice in this case 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 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 600-200 (Enlisted Personnel Management), in effect at the time, 
prescribed policies, responsibilities, and procedures pertaining to career management 
of Army enlisted personnel.  Section VII (Enlisted Aspects of Command), paragraph 
25e (Acting noncommissioned officers) provides that company, troop, battery, and 
separate detachment commanders may appoint qualified individuals as acting 
sergeants (E-5) in accordance with AR 624-200 (Promotion, Demotions, and 
Reductions Appointment and Reduction of Enlist Personnel) to serve in position 
vacancies.  While so acting they will wear the insignia and have the responsibilities, 
authority, and privileges of the position to which appointed, except that they will not be 
entitled to the pay and allowances of such higher grades, and such service will not, be 
credited as time in a higher grade for appointment or date of rank purposes.

	a.  Paragraph 7-1 states this changer contains an Army-wide promotion policy which 
sets Army-wide standards, while at the same time offering Army-wide opportunities for 
advancement.  

	b.  Paragraph 7-3 states field grade commanders of any organization which is 
authorized a commander in the grade of lieutenant colonel or higher may promote 
assigned personnel to pay grades E-5 and E-6.

	c.  Paragraph 7-4 states promotion of enlisted personnel to grade E-3 through E-9, 
appointments, grade reductions, and grade restorations will be announced in routine 
orders.  All routine orders will be published in the format indicated in AR 310-10.

	d.  Paragraph 7-25 states (a). Temporary appointment to a specialist grade will 
vacate any permanent appointment in a noncommissioned officer grade.  The individual 
will become automatically a permanent specialist in the same pay grade as the vacated 
permanent noncommissioned officer grade.  (b). Appointment of a specialist to a 
temporary noncommissioned officer grade will not affect any permanent specialist 
appointment.  Permanent appointment to noncommissioned officer status will be 
accomplished under the provisions of paragraph 7-22.

3.  Army Regulation 310-10 (Military Publications – Military Orders), states prescribes 
policy and procedures for preparing and issuing orders for travel, personnel actions, and 
unit organization actions for military personnel and unites, including the use of orders 
formats and DD Form 1610 (Request and Authorization for TDY Travel of DOD 
Personnel).

4.  Army Regulation 635-5 (Separation Documents) at the time established the 
standardized policy for preparing and distributing the DD Form 214.  Items 5a and 5b 
show the rank/grade in which a member was serving at the time of separation with an 
indication of permanent or temporary.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180010251

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