ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 6 September 2019 DOCKET NUMBER: AR20180013425

APPLICANT REQUESTS:  his rank be changed from SGT/E-5 to SSG/E-6

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record) 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 awarded the rank of SSG/E-6 after going before a promotion board, while he was stationed at Fort Polk, LA. After he refused to reenlist, his rank was reduced back to SP5/E-5.

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

  a. He enlisted in the Regular Army on 30 September 1966.

b. He served in Vietnam from 13 May 1967 through 7 May 1968.

  c. His DA Form 20 (Enlisted Qualification Record) shows his highest rank as SP5 (P).

  d. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which he authenticated with his signature shows:

* Item 5a Grade Rate, Rank SP5(P)
* Item 5b Pay Grade E5

   e. The applicant’s records does not contain documentation showing his rank as SSG.
   a. 



f. He was honorably released from active duty on 29 September 1969.

   g. On 10 August 1987, the Enlisted Promotions Branch at Human Resources Command (HRC) determined there was no evidence to support the applicant’s contention that he had been promoted to SSG prior to discharge.

4. Special Regulation (SR) 615-360-1 (Separation of Enlisted Personnel) states to enter the grade in which serving at time of separation, indicating whether permanent or temporary, and date of appointment.

BOARD DISCUSSION

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The Board noted that the record does not contain orders promoting him to SSG, and also noted that the review by HRC in 1987 revealed no evidence of him having been promoted to SSG. The Board found no evidence indicating the applicant was improperly deprived of a promotion to SSG prior to his release from active duty.

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.
10/29/2019

X 


CHAIRPERSON
Signed  by:  
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 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. The instructions for completing the form stated to enter the grade in which serving at time of separation, indicating whether permanent or temporary, and date of appointment.