ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 8 October 2019 DOCKET NUMBER: AR20180011577 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his rank/grade as specialist- five/E-5 and his date of rank (DOR) as 1 December 1968. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Standard Form 180 (Request Pertaining to Military Records) * Headquarters, 101st Airborne Division, Special Orders Number 336, dated 1 December 1968 * DD Form 214 * Company B, 426th Supply and Service Battalion letter, dated 16 July 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 (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 he was promoted to E-5 on 1 December 1968, but only recently located a copy of the promotion order. 3. The applicant enlisted in the Regular Army on 7 April 1966. 4. Headquarters, 101st Quartermaster Company (Air Equipment) Unit Orders Number 9, dated 3 February 1967, reduced him in rank/grade to private/E-2 effective 2 February 1967 due to misconduct. 5. Headquarters, 101st Quartermaster Company (Air Equipment) Unit Orders Number 21, dated 6 April 1967, promoted him to private first class/E-3 effective the date of the orders. 6. Headquarters, 101st Quartermaster Company (Air Equipment) Unit Orders Number 81, dated 6 November 1967, promoted him to the temporary rank/grade of specialist four/E-4 effective the date of the orders. 7. His DA Form 20 (Enlisted Qualification Record), shows he served in Vietnam from 5 December 1967 until 30 November 1968, when he departed his last unit of assignment in Vietnam, Company B, 426th Supply and Service Battalion, 101st Air Cavalry Division, enroute to the Continental United States. 8. Headquarters, U.S. Army Personnel Center Special, Oakland, CA, Orders Number 336, dated 1 December 1968, released the applicant from active duty not by reason of physical disability and transferred him to the U.S. Army Reserve (USAR) Control Group (Reinforcement) effective the date of the orders. These orders list his rank/grade as specialist/E-4. 9. The applicant provided a copy of partially illegible Headquarters, 101st Airborne Division Special Orders Number 336, dated 1 December 1968, listing his unit of assignment as 426th Supply and Service Battalion (Airmobile) and promoting him in rank/grade to specialist five/E-5. 10. His DD Form 214 shows he was honorably released from active duty on 1 December 1968, after 2 years, 7 months, and 24 days of net active service and transferred to the USAR Control Group (Reinforcement). Items 5a (Grade, Rate or Rank), 5b (Pay Grade), and 6 (Date of Rank) list his rank/grade as specialist four (technical)/E-4 and his DOR is listed as 6 November 1967. 11. The applicant provided a copy of a letter dated 16 July 1969, from the Commander, Company B, 426th Supply and Service Battalion, 101st Airborne Division (Airmobile), to the U.S. Army Recruiting Station, Stockton, CA, stating he was providing a photocopy of promotion orders for specialist four S____ (the applicant). 12. USAR Components Personnel and Administration Center Letter Orders Number 03-1111474, honorably discharged the applicant from the USAR Control Group (Standby Reserve) due to expiration term of service effective 6 April 1972. His rank is listed as specialist four. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, his record of service, the record of promotions and the entries on his separation documents. The Board considered the promotion orders provided that show a temporary promotion to SP5/E5 (T) effective the date of his separation and the 16 July 1969 letter from the Company Commander reflecting his promotion to SP4. The Board found insufficient evidence to show that the applicant was eligible for or promoted to SP5 prior to his separation. Based on a preponderance of evidence, the Board determined that the applicant’s grade upon separation was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that 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. 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 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. a. The promotion, appointment, grade reduction, and grade restoration of enlisted personnel to grades E-3 through E-9 are announced in orders. b. 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. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The instructions stated items 5a, 5b, and 6 would show the active duty rank, pay grade, and DOR at time of the Soldier's separation. The rank was taken from the Soldier's promotion/reduction orders. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20180011577 2 1