ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  3 May 2019

	DOCKET NUMBER:  AR20190001131


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States-Report of Transfer or Discharge) to show:

*	the additional military occupational specialties (MOS) of 76P (Stock Control and 
Accounting Specialist) and 11B (Infantryman/Security Guard)
*	his rank and pay grade as sergeant (SGT/E-5)
*	completion of 4 months and 15 days of foreign service in Germany

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 20 (Enlisted Qualification Record)
*	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 states that his DD Form 214 does not reflect:

*	the time he served in MOS 76P2O (Stock Control and Accounting Specialist)
*	the 6 months and 15 days he served in MOS 11B2O as a security guard at an 
ammunition depot, from 4 July 1969 to 11 January 1970
*	his foreign service during Exercise Reforger, Germany, from July 1970 to 
October 1970
*	his promotion to SGT/E-5

3.  On 29 March 1968, the applicant enlisted in the Regular Army.  



4.  A review of his DA Form 20 shows:

*	he was awarded the secondary MOS 76P2O on 12 July 1968
*	he was awarded the primary MOS 76S2O on 16 August 1968
*	he was promoted to specialist (SPC/E-4) on 17 July 1968 
*	his temporary promotion to specialist five (SP5/E-5) on 16 August 1968 was 
published in two separate Special Orders 141 and Special Orders 168 (not filed 
in record)
*	he served in the Republic of Vietnam (RVN) from 30 June 1969 through
29 June 1970 (1 year)
*	while serving in the RVN, he performed the duties of a 11B/Security Guard from 
4 July 1969 to 10 January 1970
*	no award of MOS 11B
*	no completion of foreign service in Germany

5.  His record is void of military orders promoting him to SGT/E-5.

6.  The applicant was released from active duty on 28 December 1970 and at the time 
of his separation, he was performing the duties of a repair parts specialist, MOS 76S.

7.  His DD Form 214 lists his rank and pay grade as SP5/E-5 with a date of rank of 
16 August 1968.  His primary MOS is shown as "76S2O."

8.  Regulatory guidance, in effect at the time, states that pay grade E-5 could be either a 
specialist or sergeant, depending on whether the Soldier held a leadership position.  In 
addition, the DD Form 214 would list the primary MOS in item 23a.  There were no 
provisions to record additional MOS's, to include a "Duty MOS," on the DD Form 214.

8.  Army Regulation (AR) 600-200 (Enlisted Personnel Management) stated that the 
promotion of enlisted personnel to grades E-5 through E-9 and appointments were 
announced in routine orders.

9.  AR 600-20 (Army Command Policy) stated that at the pay grade E-5 a Soldier could 
be either a sergeant or a specialist five.  A sergeant normally held a leadership position 
while a specialist performed duties based on their acquired proficiency in the technical 
or administrative aspects of their MOS field.

10.  AR 635-5 (Separation Documents) stated to enter the grade in which serving at 
time of separation, indicating whether permanent or temporary in items 5a (Grade, Rate 
or Rank) and the pay grade in item 5b (Pay Grade).  This same regulation the entry of 
the primary MOS code number, title, and date of award, in item 23a (Specialty Number 
& Title); there is no provision to record a "Duty MOS."


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was not warranted.  The applicant’s contentions were carefully considered.  His record 
shows he received promotion orders to the rank of SP5.  His record is absent orders 
showing he was promoted to SGT or laterally appointed to SGT from SP5.  The 
applicant’s record shows only one PMOS.  Regulatory guidance during his period of 
service did not provide for the listing of secondary MOS’s or MOS in which PMOS 
orders were not published.  The applicant’s record is also void of evidence that shows 
he deployed with a unit or as an individual augmentee to Germany.  Based upon the 
preponderance of evidence, the Board agreed there is insufficient evidence to grant 
relief.

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.



ADMINISTRATIVE NOTE(S):

Not Applicable

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.  AR 600-200 (Enlisted Personnel Management), chapter 7, in effect at the time, 
contained Army-wide promotion policy and procedures.  It stated that the promotion of 
enlisted personnel to grades E-5 through E-9, appointments, grade reductions, and 
grade restorations were announced in routine orders.

3.  AR 600-20 (Army Command Policy) shows that at the pay grade E-5 a Soldier could 
be either a sergeant or a specialist five.  A sergeant normally held a leadership position 
while a specialist performed duties based on their acquired proficiency in the technical 
or administrative aspects of their MOS field.

4.  AR 635-5 (Separation Documents), in effect at the time, established the 
standardized policy for preparing and distributing the DD Form 214.  This regulation 
stated:

	a.  to enter the grade in which serving at time of separation, indicating whether 
permanent or temporary in items 5a (Grade, Rate or Rank).

	b.  to enter pay grade in item 5b (Pay Grade).

	c.  enter total active duty outside continental limits of the United States for the period 
covered by the DD Form 214 and the last overseas theater in which service was 
performed, e.g., "Foreign and/or Sea Service (USAREUR).

	d.  to enter the primary MOS code number, title, and date of award, in item 23a 
(Specialty Number & Title).  There is no provision to record a "Duty MOS."

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190001131
	
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