ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 April 2019

	DOCKET NUMBER:  AR20180014076


APPLICANT REQUESTS: Correction to his DD Form 214 (Report of Separation from Active Duty) ending on 27 March 1975, to show the rank/grade of sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 27 January 1971 and 13 May 1971
* DD Form 214, dated 27 March 1975
* DD Form 215 (Correction to DD Form 214), dated 20 November 1975

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 granted the rank of SGT before he got out of the service, but for some reason his last DD Form 214 does not show it.

3.  A review of the applicant’s service records show the following on:

* 3 July 1969 – enlisted in the Regular Army and served through multiple reenlistments
* DA Form 20 – (Enlisted Qualification Record) in item 33 (Appointments and Reductions) shows he was promoted to SP4 on 8 July 1970 by Special Orders Number 198, issued by Headquarters, 101st Airborne Division 
* 26 October 1970 – Orders Number 37, issued by B Company, 1st Battalion, 502nd Infantry appointed the applicant as acting noncommissioned officer to the rank of SGT by the authority of Army Regulation (AR) 600-200 (Enlisted Personnel Management), paragraph 7-10
* 27 March 1975 – the applicant was discharged from active duty under honorable conditions, DD Form 214 in item 6(a) (Grade, Rate or Rank) shows his rank as SP4 and item 7 (Date of Rank (DOR)) shows his DOR as 8 July 1970

4.  The applicant provides:

* DD Forms 214 showing his periods of service
* DD Form 215 showing comments were added to item 27 (Remarks) of his                                  DD Form 214 ending on 27 March 1975

5.  AR 600-200 states in:

	a.  Paragraph 7-3, promotion authority for promotion to the pay grades of E-5 and 
E-6 is delegated to field grade commanders of any organization authorized a commander in the rank/grade of lieutenant colonel (LTC)/O-5 or higher.

	b.  Paragraph 7-4, promotion of enlisted personnel to grade E-3 through E-9 will be announced in orders.

     c.  Paragraph 7-10. Units. Company, troop, battery, and separate detachment commanders may appoint qualified individuals as acting corporals, E-4, and acting sergeants, E-5, to serve in position vacancies existing in their units.

     d.  Paragraph 7-10c.  Acting noncommissioned officers are not entitled to pay and allowances for such higher grades and service will not be credited as time in a higher grade for promotion or date of rank purpose.

6.  AR 635-5 (Separation Documents) states DD Form 214 provides the individual with documentary evidence of his military service.  Source documents will consist of DA Form 20 and all available records when preparing DD Form 214.  Item 6(a) enter the grade in which serving at the time of separation.  Item 7 enter the DOR for the grade shown in 6a.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence presented by the applicant and found within the military service record, the Board found that the applicant never was promoted to the rank of Sergeant by a promotion authority authorized to do so.  Although the applicant was appointed as an acting Sergeant (E5) to serve in a position while vacant, the Board concluded that there was never a promotion order generated officially promoting the applicant to the rank of Sergeant.


  

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.  AR 600-200 (Enlisted Personnel Management), states in:

	a.  Paragraph 7-3, promotion authority for promotion to the pay grades of E-5 and 
E-6 is delegated to field grade commanders of any organization authorized a commander in the rank/grade of lieutenant colonel (LTC)/O-5 or higher.

	b.  Paragraph 7-4, promotion of enlisted personnel to grade E-3 through E-9 will be announced in orders.

     c.  Paragraph 7-10. Acting noncommissioned officers, a. Units. Company, troop, battery, and separate detachment commanders may appoint qualified individuals as acting corporals, E-4, and acting sergeants, E-5, to serve in position vacancies existing in their units, including those resulting from temporary absence of assigned noncommissioned officer.

     d.  Paragraph 7-10c.  Pay and benefits. Acting noncommissioned officers are not entitled to pay and allowances for such higher grades and service will not be credited as time in a higher grade for promotion or date of rank purpose.

3.  AR 635-5 (Separation Documents) states DD Form 214 provides the individual with documentary evidence of his military service.  Source documents will consist of DA Form 20 and all available records when preparing DD Form 214.  Item 6(a) enter the grade in which serving at the time of separation.  Item 7 enter the DOR for the grade shown in 6a.

ABCMR Record of Proceedings (cont)	 AR20180014076
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