ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 August 2019 DOCKET NUMBER: AR20190004949 APPLICANT REQUESTS: * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank was Sergeant (SGT)/E-5 * in effect, compensation for time he was a SGT APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * email exchange with National Personnel Record Center (NPRC) * General Orders Number 7488 showing award of the Bronze Star Medal (BSM) * a picture of the applicant in Vietnam * a picture of the applicant's BSM and citation * two self-authored letters to NPRC * a letter from NPRC * a letter from the Department of Veterans Affairs (VA) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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, on his application an in his self-authored letter, states: * conspiracy let by Lieutenant McC without his knowledge changed his rank from SGT to Specialist Four (SP4) * the applicant challenged the Lieutenant's unfair treat of blacks * there were other Soldiers involved * the applicant filed an application on 25 January 2016 but received no reply * he was informed his records were destroyed in a fire * he believed there was a conspiracy by the First Sergeant among others to deprive him of his promotion because of racism * before he went to Thailand on rest and recovery (R&R), he would leave the field and work in Cu Chi in the noncommissioned officer (NCO) mess hall * when he returned from R&R, he ended up talking to a visiting sergeant major * the SGM indicated he was needed in the field and not in base camp * the unit was preparing for a major campaign * he returned to the field and found out the company commander had been replaced * the new company commander stated he was not aware of any decisions the prior company commander had promised the applicant * the company commander's manner indicated he did not care of past promises * the applicant was not able to work in the NCO [sic] because the enemy attached Cu Chi and inflicted serious damage to the people * Soldiers wanted to leave Cu Chi and go out to the field * at that time, his unit was in Hobo Woods and the enemy fired mortars and RPGs in the middle of the day * when Cu Chi was safe, he noticed Soldiers who were white came around the same time he did * they were being medically checked to leave Vietnam * the applicant was appalled because he was still in the field and could not understand why he was not allowed to go to Cu Chi * the applicant faked a serious toothache * his First Sergeant told him if he was not back in the field by the afternoon, he would be busted "lower than the helicopter pad" * the applicant's Lieutenant said "thank God you're leaving because whenever we messed with someone Black, you always have something to say" * the applicant reported to Headquarters and found out he was listed as being wounded and being in Japan * he worked as an examiner which entails review of financial records and sales practice * he also worked for Prudential as an insurance salesman * he believes he has the experience to comment on NPRC's recordkeeping of records * he requested his records from NPRC numerous times before receiving the requested information on 25 January 2019 * according to veterans, the DD Form 214 is the most important record regarding information for the public to judge a veteran's character * it is considered the "Holy Grail" * NPRC disclosed the applicant was awarded the BSM * he was there to receive the BSM when it was awarded * he believed when they called his name, they had to call it more than once before the medal was presented to him * since his award of the BSM was announced and disclosed him as a SGT, this should have been shown on his DD Form 214 * the applicant's review of his DD Form 214 does not show him as a SGT * he believes someone and with the assistance of others conspired to tamper and change the orders based on personal feelings * racism is all over the United States today and prevalent in Vietnam especially by the First Sergeant * when he returned to the United States in 1970, no one was saying "thank you for your service" as they're doing today * it's a shame when you fight for your country, that the same officers you're fighting with conspire against you because of racism and personal feelings * he never personally received an official document demoting him from SGT to SP4 * he was informed his records were destroyed and lost in a fire and not available * he hopes someone will contact him, or he will have to believe his wife when she says he is just wasting his time * he hopes his wife is not right * he spent two years in the Army, which included on year fighting in Vietnam for his country * it appears the Army does not have the time to acknowledge and respond to him * the Army needs to have someone with the ability and authority to review NPRC records of Veterans and interface them with the DD Form 214 3. The applicant states his records were destroyed in a fire that occurred at NPRC. The analyst of record was provided a copy of the applicant's records. There is enough evidence for the Board to render a decision in this case. 4. The applicant states he previously submitted an application to the Army Board for Correction of Military Records (ABCMR). The analyst of record screened previous ABCMR cases and did not locate a previous application for the applicant. 5. The applicant provides a copy of a self-authored letter to NPRC, which states: * his DD Form 214 shows he spent 1 year, 11 months, and 28 days in the Army * 11 months and 26 days of that time was spent in Vietnam * he was assigned to the 25th Infantry Division * he earned the BSM for distinguished and outstanding meritorious service in connection with military operations against hostile forces * with the exception of the time he spent in Thailand on R&R and the time he spent in the base camp entering and leaving Vietnam, he spent the entire time in the field where the enemy fired mortars and RPGs during the day * he was assigned to the machine gun team * he was assigned to the gun team because most Soldiers did not want to carry the weight required * as a member of the gun team, you did not have to walk point or flank on patrol or go out on listen patrol * once a firefight stated the gun team had to move to the front * the enemy focused on the company commander, the radio operator, the medic, and the gun team * he was diagnosed with Apnea Hypopnea Index on 22 November 2003 * he currently uses a CPace issued by the VA * the time in Vietnam contributed to his sleep apnea syndrome * when he was in Vietnam, he was involved in several fire fights * in the first firefight, his company commander ran away from the fire and the next day they had a new company commander * during another firefight, a Black Soldier who was walking flank panicked and started running towards the applicant and was shot * by the time the Soldier got to the applicant, he dropped dead in the applicant's arms * the first sergeant said, "why cry over spilt milk, get over it" * the applicant went out on ambush patrol at night * for those 11 months he spent in Vietnam, he slept in bunkers he built * he went through monsoon season and being attacked by leaches, red ants, mosquitos and snakes, along with many booby traps * when they were trying to prevent the Viet Cong from blowing up a bridge, a Soldier held the TNT too long and his arm was blown off * some Soldiers were blowing up dead Viet Cong by putting TNT in their butts * the applicant found this to be disgusting * he was required to send a Soldier to move some rations * on his way to headquarters, the Soldier picked up an artillery powder charge and lit it * the Soldier suffered third degree burns and died a couple of days later * Division Officers commented the Soldiers were not killing enough Viet Cong sufficient to report to the news media * the Soldiers were told to shine their boots in the field * a white Soldier was assigned to the gun team * it is the applicant's opinion he did not want to be on the team * Soldiers were getting their feet blown off by booby traps * the white Soldier failed to inform the Soldier directly behind him about a booby trap; subsequently he left the gun team and was assigned to walk point and later was killed during a firefight * his platoon leader was on patrol and the applicant was summoned to headquarters as the senior person in his platoon with the captain and two other officers * he was appalled and could not believe the way the captain cursed and ranted at the two officers, he said to the applicant "not you SGT" * the applicant was an acting SGT at the time * the captain was taken away from the unit because he had a nervous breakdown * the applicant was surrounded by incompetent commanding officers * he feels the Army failed him as an individual then and now * he was awarded the BSM which they did not intend to give him * the brigade commander asked where the applicant's BSM was * he was promoted to SGT but never paid * he believes it was a conspiracy against him * he had to fake a serious toothache to be able to go to base camp * he could not understand why he was left in the field so long * other Soldiers who came at the same time he did were allowed to go to base camp to get their medical and teeth taken care of * before he left the field his Lieutenant said thank God you are leaving * when he got to base camp, he found out they had him listed as wounded in Japan * he did not have enough time to have his medical and dental taken care of because he was leaving shortly * because of their attitude, he left Vietnam earlier than expected * if he had spent one more month in Vietnam, he would not have had to spend an additional 6 months in the Army upon his return to the States * he was awarded the BSM on 3 June 1969 * this disclosed he was a SGT * he was in Vietnam July 1968 through July 1969 * it appeared there was a conspiracy and collusion to reduce his rank without his knowledge * he believes he should be compensated for the fact he did not receive SGT pay because of the injustice * currently Black's lives do not matter now and they mattered even less to the officers in Vietnam * he believes because he was exposed to Napalm and other chemicals in Vietnam this affected his unborn son who was diagnosed with a break in his Y Chromosome * this affected his growth and development * his son was abnormally short and never achieved normal height * his son's hands were unusually smaller, he had fatty pecs, his testosterone levels were low, and he received several injections of testosterone, he suffered increased weight from the shots * these issues affect his son's life long body image and infected him with low self- esteem * the issues could also explain why his son had trouble sleeping as a baby 6. The applicant provides: * an email exchange with NPRC which stated they received his request * a letter from NPRC requesting further information * a self-authored letter giving NPRC the requested information * a letter from the VA explaining the applicant was being seen for post-traumatic stress disorder * General Orders Number 7488 awarding him the BSM, the applicant is listed as a SGT * a picture of the applicant while he was in Vietnam * a picture of the applicant's BSM, citation, and medal framed and matted 7. The applicant’s service record contain Special Orders Number 364 temporarily promoting him to SP4 effective 11 December 1968. The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) he was promoted to Specialist 4 (SP4)/E-4 effective 11 December 1968. 8. The applicant's service records contain General Orders number 8999 revoking General Order number 7488. This order revokes the order awarding the applicant the BSM. 9. The applicant's DD Form 214 shows he was inducted into the Army on 7 February 1968 and he was released from active duty on 13 February 1970. His DD Form 214 shows his rank as SP4 with an effective date of rank of 11 December 1968. 10. There is no evidence in the applicant's service record indicating a time in service waiver was being processed for his promotion. The records are void of a promotion order to SGT. 11. Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, prescribed the policies and procedures for the promotion and reduction of enlisted Soldiers. Paragraph 7-135(a) specified the completion of 8 months time in pay grade E-4 and 3 years time in service (primary zone) or 2 years time in service (secondary zone) were required for promotion to pay grade E-5. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statements, his correspondence with NARA, his available record of service (burned record), the record of promotions on his DA Form 20 and the time in service required at the time for promotion to SGT. The Board found no evidence of the applicant being recommended or selected for promotion to SGT or evidence that he had been unjustly denied promotion by his chain of command. Based on a preponderance of evidence, the Board determined that the applicant’s rank reflected on his DD Form 214 was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. 9/5/2019 X CHAIRPERSON 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, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-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, prescribed the policies and procedures for the promotion and reduction of enlisted Soldiers. Paragraph 7-135(a) specified the completion of 8 months time in pay grade E-4 and 3 years time in service (primary zone) or 2 years time in service (secondary zone) were required for promotion to pay grade E-5. Recommendation for promotion to pay grad E-5 would be prepared on a DA Form 2496 (Disposition Form), signed by the recommending official and then submitted through channels to the headquarters of the promotion authority. Waivers for one-half of the time in pay grade were permissible. There was no provisions for an automatic promotion to pay grade E-5.