ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 July 2019 DOCKET NUMBER: AR20190005323 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was promoted to E-5. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * DD Form 214 * letter from US Army Freedom Team Salute * Certificate of Appreciation from US Army Freedom Team Salute * General Orders Number 3598 awarding him the Bronze Star Medal (BSM) * BSM Citation * BSM Certificate 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 states on his application and in his self-authored letter: * he served in Vietnam from June 1967 through April 1968 * he served with the 25th Infantry Division at Cu Chi * during Tet 1968 he was field promoted to squad leader from Specialist 4 (SP4) to Sergeant (SGT)/E-5 * because of the injuries and loss of life in Vietnam and the movement of his company, his promotion orders were lost * they wore no rank while in Vietnam * he got evacuated to the hospital in March 1968 * he wore hospital clothes for the next five months * when he was assigned to another unit, he noticed no records of him being promoted * with little time left to serve, he forgot about it * now over 50 years later, he regrets it * it would do justice to his family to have his true rank on his grave marker once he has passed on * when he had a Vietnam reunion, he asked his past company commander about his rank issue * his company commander advised him to contact the Board to see if any corrections could be made * he knows it doesn't mean much to the Army what happened over 50 years ago * it means a lot to him and his family * the only record he has of his promotion is the letter from the Freedom Team Salute * he also has the award of the BSM reflecting his rank as SGT 3. The applicant provides: * his DD Form 214 which reflects his rank as SP4 * BSM orders, citation, and certificate which all reflect his rank as SGT * a US Army Freedom Team Salute letter which reflect his rank as SGT * certificate of appreciation which he was put in for by the unit clerk of his company which reflect his rank as SGT. 4. The applicant's service records contain a DA Form 20 (Enlisted Qualification Record) which shows in item 33 (Appointments and Reductions) he was promoted to SP4 effective 11 October 1967. There is no entry for a promotion to E-5 on his DA Form 20. There are also no promotion orders in the applicant's record. 5. 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 grade 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. 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 rank on his Bronze Star Medal orders, his date of rank as a SPC (T) and the promotion policies in effect at the time. The Board determined, by preponderance of evidence, that the applicant served as a SGT and a correction to his separation document is warranted. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x :x :x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 ending on 17 January 1969 to show in item 5a (Grade, Rate or Rank) – “SGT (T)”, in item 5b (Pay Grade) – “E-5”; and in item 6 (Date of Rank) – “14 May 1968." 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. ABCMR Record of Proceedings (cont) AR20190005323 3