ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  25 April 2019

	DOCKET NUMBER:  AR20180015033


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) by adding the Purple Heart (2nd Award) and 
the Bronze Star Medal (2nd Award) with “V” Device and, in effect, showing his 
rank/grade as specialist five (SP5)/E-5.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record) dated 22 October 
2018
*	Purple Heart and Bronze Star Medal Orders
*	Promotion Orders
*	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 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's request for correction of his DD Form 214 to add the Purple Heart 
(2nd Award) Bronze Star Medal (2nd Award) with “V” device is supported by sufficient 
evidence.  Therefore, these items will be administratively corrected and not considered 
by the Board.  The Board will consider his request for correction of his record to show 
he was promoted to SP5.

3.  The applicant states his commanding officer had recommended he be promoted to 
SP5, but he received no orders for the promotion.  He wishes to know if the orders were 
lost. 

4.  The applicant provides promotion orders appointing him to the rank of specialist four 
(SP4) with an effective date of 11 June 1970. 

5.  He was honorably released from active duty on 27 October 1970.  The DD Form 214 
issued at that time shows in item 5a (Rank) "SP4" and in item 5b (Pay Grade) "E-4."  
Item 6 (Date of Rank) shows the entry 11 June 1970.  A review of his records shows no 
evidence of a recommendation for promotion to SP5.  

6.  Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, 
stated that in order to be eligible for appointment to E-5, an individual must complete 
8 months in pay grade E-4, be in appointable status, be recommended by unit 
commander, hold and be serving in a military occupational specialty in which 
appointments were authorized, be qualified for the skill level required for grade, be 
serving in pay grade next below that in which appointment is to be made, occupy a 
position vacancy of a higher rank or pay grade, and be physically qualified to perform 
duties of the MOS and grade.  Appointment to E-5 was to be announced in orders.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board determined the presence of orders in the record 
awarding him the BSM-V 1OLC and two Purple Hearts and concurs with the corrections 
reflected in the Administrative Note(s) below.  The Board was unable to find sufficient 
evidence to determine he was recommended for or promoted to SP5/E-5 and does not 
recommend changing his record to reflect a higher grade at discharge.

2.  After reviewing the application and all supporting evidence, the Board determined 
that partial relief was warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:XF	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by adding the 
awards reflected in the Administrative Note(s) below to his DD Form 214 for the period 
of service ending 27 October 1970. 
2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to changing his rank and pay grade to SP5/E-5.




	  
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.

ADMINISTRATIVE NOTE(S):

1.  Award the applicant the Army Good Conduct Medal (1st Award) for the period 
25 March 1969 to 27 October 1970.  

2.  Correct the DD Form 214 for the period ending 27 October 1970 by deleting "VSM" 
and "BSM" and adding:

*	Army Good Conduct Medal (1st Award)
*	Purple Heart (2nd Award)
*	Bronze Star Medal (2nd Award) with “V” Device
*	Vietnam Service Medal with four Bronze Service Stars
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation


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 (Enlisted Personnel Management System), then in effect, 
stated that in order to be eligible for appointment to E-5, an individual must complete 
8 months in pay grade E-4, be in appointable status, be recommended by unit 
commander, hold and be serving in a military occupational specialty in which 
appointments were authorized, be qualified for the skill level required for grade, be 
serving in pay grade next below that in which appointment is to be made, occupy a 
position vacancy of a higher rank or pay grade, and be physically qualified to perform 
duties of the MOS and grade.  Appointment to E-5 was to be announced in orders.





ABCMR Record of Proceedings (cont)	 AR20180015033

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