ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 21 May 2019 DOCKET NUMBER: AR20180014098 APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 August 1970, to show he was promoted to the rank/grade of sergeant (SP5)/E-5, with the effective date and date of rank of 25 October 1969. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Unit Promotion Order * 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 (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: a. He is a highly decorated Vietnam Veteran with multiple Air Medals (AM) and a Purple Heart (PH). He earned his rank and wants to proudly display it on his federal headstone. b. He was listed as an E-4 rather than the rank he wore at his discharge on 6 August 1970. He was not provided any paperwork stating he was demoted to E-4. 3. A review of his military records shows: a. Unit Orders Number 72, issued by Headquarters, 13th Combat Aviation (Delta) Battalion, dated 5 October 1967, in which he was appointed to the temporary rank of specialist four (SP4)/E4. b. Special Orders Number 88, issued by 164th Aviation Group, dated 24 April 1968, in which he was appointed to the temporary rank of SP5/E-5. 4. A DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) the following information: * “SP4 E-4 (P) – 5 Oct 67 – Unit Orders 72, Headquarters 114th Assault Helo Company, USARPAC-RVN 1967” * “SP5 E-5 (T) – 24 Apr 68 – Special Orders Number 88 HQ 164th AVN G-P USARPAC-RVN 1968” * “SP4 E4 – 6 Jun 70 – SO#157, 214th AVN BN (CBT) RVN 1970” 5. On 6 August 1970, the applicant was honorably discharged. His DD Form 214 shows: * item 5a (Grade, Rate or Rank) – “SP4” * item 5b (Pay Grade) – “E4” * item 6 (Date of Rank) – “6 JUN 70” 6. The applicant provides a copy of Unit Orders Number 101, issued by the 114th Aviation Company (Assault Helo), date 25 October 1969, which shows he was appointed in the acting rank of SGT/E-5, a copy of his DD Form 214, and a DD Form 215 (Correction to DD Form 214), dated 15 March 1984, which awarded him the PH. 7. The applicant’s record is void of any documents to show he was ever permanently promoted to the rank/grade of SGT/E-5, 8. Army Regulation 600-200 (Enlisted Personnel Management System), dated March 1965, Section VII (Appointment of Acting Noncommissioned Officers), Chapter 7-52, states for acting noncommissioned officers who are appointed, may not be more than one grade lower than the grade to which he is being appointed, and is not entitled to pay and allowances for such higher grades, and services will not be credited as time in a higher grade for promotion or date-of-rank purposes. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the entries on his DA Form 20, the promotion orders in his record to include temporary promotion to SP5, and the rank and date of rank recorded on his DD Form 214. The Board found no evidence that the applicant received a permanent promotion to SP5/E5. Based on the preponderance of evidence, the Board determined that the rank on his DD Form 214 was not in error or unjust. The Board concurs with the correction stated in the Administrative Note(s) that follow. 2. After reviewing the application and all supporting documents, the Board found relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : FULL GRANT : : : PARTIAL GRANT : : : FORMAL HEARING GRANT : :X : X : X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: With the exception of the corrections stated in the Administrative Note(s) that follow, 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. ADMINSTRATIVE NOTES: 1. General Orders Number 4289, issued by Headquarters, 1st Aviation Brigade, dated 1 July 1968, shows he was awarded the Air Medal (AM) (First thru Eleventh Oak Leaf Cluster) for the period 6 November 1967 to 3 May 1968. 2. General Orders Number 5309, issued by Headquarters, 1st Aviation Brigade, dated 5 August 1968, shows he was awarded the AM (Twelfth Oak Leaf Cluster) with “V” Device for heroism while engaged in aerial flight in connection with military operations against a hostile force on 18 April 1968. 3. To be added to his DD Form 214 for the period of service ending on 6 August 1970. ? 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, dated March 1965, Section VII (Appointment of Acting Noncommissioned Officers), Chapter 7-52, states: a. 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 at their present or higher grade, including those resulting from temporary absences of assigned noncommissioned officers. For appointments to acting corporals, E-4, and acting sergeant, E-5, the individual being appointed may not be more than one grade lower than the grade to which he/she is being appointed. b. Pay and benefits. Acting noncommissioned officers are not entitled to pay and allowances for such higher grades, and services will not be credited as time in a higher grade for promotion or date-of-rank purposes. ABCMR Record of Proceedings (cont) AR20180014098 2