ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 10 October 2019 DOCKET NUMBER: AR20180011527 APPLICANT REQUESTS: correction of his DD form 214 (Report of Transfer or Discharge) to reflect the grade of Sergeant (SGT)/E-5 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 3rd Brigade (BDE), 9th Infantry Division (ID) General Order Number 16, dated 5 February 1970 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 was wounded in Vietnam and the first time was 19 May 1969 and the second 10 August 1969. Between these dates he was promoted to SGT. The promotion paperwork for his promotion was in his footlocker when he got wounded the second time and was sent to Japan. When he returned to Vietnam he was assigned to a different unit and did not receive his promotion order or pay for SGT for the remainder of his time in Vietnam. The only document that he has to prove his rank of SGT is his award order. He is trying to get his service records corrected and is hoping the Board is able to assist him. He has already contacted the veteran administration and they have done nothing to help him. 3. The applicant provides 3rd BDE, 9th ID General Order Number 16, dated 5 February 1970, which awarded the applicant the Good Conduct Medal (First Award) for exemplary behavior, efficiency, and fidelity for the period of 28 February 1968 to 20 February 1970 in the rank of SGT. 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States (AUS) on 28 February 1968. b. He was advanced to the rank of Private First Class (PFC)/E-3 (Permanent P) with the date of rank (DOR) of 3 September 1968 on Unit Order 42. c. He served in the Republic of Vietnam from 20 February 1969 to 20 February 1970. d. He was advanced to the rank of Specialist 4 (SP4)/E-4 (Temporary T) with the date of rank (DOR) of 1 March 1969 on 9th ID Special Order 90. e. He was released from the AUS and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) on 21 February 1970 with an honorable characterization of service in the rank of SP4/E-4. His DD Form 214 (Report of Transfer or Discharge) shows he completed 1 year, 11 months and 24 days of net service this period. f. The applicant received a DD Form 215 (Correction to DD Form 214), dated 28 July 2011, which deleted the Vietnam Service Medal and Air Medal and added: * Purple Heart with one bronze oak leaf cluster * Air Medal with Numeral Three * Vietnam Service Medal with Three Bronze Oak Leaf Cluster * Marksman Badge with Auto Rifle Bar * Sharpshooter Badge with Rifle and Machinegun Bars * Republic of Vietnam Civil Actions Honor Medal Unit Citation First Class g. USAR Components Personnel and Administration Center Order Number 01-1010159, dated 23 January 1974 discharged the applicant effective 1 February 1974 with an honorable characterization of service in the rank of SP4/E-4. 5. By regulation 600-200 (Enlisted Personnel Management), promotion of enlisted personnel to the grade E-3 through E-9, appointments, grade reductions, and grade restorations will be announced in routine orders. All routine order will be published in the format indicated in Army Regulation 310-10 (Military Publications – Military Orders) BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. His record is absent evidence that shows he was promoted to the rank of SGT prior to his separation from active duty. The Board agreed there is insufficient evidence to grant relief. 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 (AR) 600-200 (Enlisted Personnel Management), in effect at the time, to prescribe policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. a. Paragraph 7-4 (Orders), promotion of enlisted personnel to the grade E-3 through E-9, appointments, grade reductions, and grade restorations will be announced in routine orders. All routine order will be published in the format indicated in Army Regulation 310-10 (Military Publications – Military Orders) b. Paragraph 7-14 (Restrictions), control will be exercised by all commands to ensure to the extent possible that promotions to pay grades E-5 and E-6 are made on the first calendar day of each month. (c) In the absence of a VOCO, individuals who for any reason are not promoted to pay grade E-5 or E-6 on the first calendar day of the month will be entitled to increased pay and allowances for the date of the promotion of the promotion order. c. Paragraph 7-21 (Promotion to Permanent Grade), the temporary appointment of Regular Army enlisted personnel in grade in which serving will automatically become permanent on the date of completion of time in grade and time in service as scheduled in table 7-1: * December 1968 to March 1969; E-5, 12 months - time in grade (TIG) and 5 years - time in service (TIS) and E-4, 9 months - TIG and 3 years - TIS * Effective April 1969; E-5, 1 year - TIG and 6 years - TIS and E-4, 9 months - TIG and 3 years - TIS //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180011527 3 1