ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  7 May 2020

	DOCKET NUMBER:  AR20190008618


APPLICANT REQUESTS: his DD Form 214 (Armed Forces of the United States Report 
of Transfer or Discharge), dated 7 April 1970 be corrected to reflect discharge rank as 
Staff Sergeant (SSG) /E-6.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	Special Orders Number 74, dated 15 March 1970  
*	DD Form 214, dated 7 April 1970

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 his rank and pay grade on his DD Form 214 as Sergeant 
(SGT)/E-5 is in error.  His rank at the time of discharge was Staff Sergeant (SSG)/E-6.  

3.  A review of the applicant’s service record shows:

     a.  He was inducted in the Regular Army on 6 May 1968 for 2 years as a Private 
(PVT)/E-1.  

     b.  His DA Form 20 (Enlisted Qualification Record) shows his last promotion was                          
17 December 1968 to Sergeant (SGT)/E-5 (T).

     c.  On 7 April 1970, he received Special Orders Number 97 from Headquarters, US 
Army Personnel Center showing he was relieved from active duty not by reason of 
physical disability and transferred to the United States Army Reserve (USAR) Control 
Group (Annual Training).  His orders showed his reserve grade as SSG, basic branch 
as Infantry and component as United States Army Reserve.  His reserve Universal 
Military Training & Service obligation was for 6 years.  Effective date of Reserve 
Assignment:  8 April 1970.

     d.  On 24 April 1974, the applicant received Letter Order Number 04-1168886 
showing he was honorably discharged and relieved from the USAR Control Group 
Standby due to expiration of term of service, effective 1 May 1974 in the rank of SSG.  
   
     e.  His records are void of promotion orders to SSG.  

4.  The applicant provides:

a.	Special Orders Number 74 from the Department of the Army, Headquarters      
4th Infantry Division, dated 15 March 1970, showing his promotion to SSG with an 
effective date 9 March 1970.
 
     b.  DD Form 214, dated 7 April 1970 showing his rank as SGT.

5.  See references below.

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, his record of 
service, the record of promotions on his DA Form 20, his release from active duty and 
transfer to the Army Reserve, orders showing his promotion within 30 days of ETS, 
Army policy regarding promotable status and the service requirements (12 months) for 
pay grade E6, and his separation from the USAR in the rank of SSG.  Based on a 
preponderance of evidence, the Board determined that the applicant was separated 
prior to meeting the required service remaining requirement for SSG and that the 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

:XXX	:XXX	:XX	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.






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 140-10 (Assignments, Attachments, Details and Transfers) states 
in Chapter 7,  Assignments to USAR Control Group (Annual Training) are limited to 
individuals subject to mandatory training requirements.  Assignments to USAR Control 
Group (Annual Training) are authorized when obligated reservists are relieved from 
active duty (initial assignment).  

3.  Army Regulation 600-200 (Enlisted Personnel Management System) states in 
chapter 7

a.	paragraph 3 (Authority to promote) states promotion authority is delegated to a
field grade commander of any organization which is authorized a commander in the 
grade of lieutenant colonel or higher may promote assigned personnel to pay grade E-5 
and E-6.

   b.  paragraph 3 (b) Effective date of promotion is the date of order unless otherwise 
provided in this chapter or unless such orders confirm previous oral orders. 

(1)	 A precondition service obligation is established as 3 months for
promotion to pay grade E-5 and 12 months for promotion to E-6.  Waivers will not be 
granted.  Service obligation will be computed from the effective date of extension or 
reenlistment.

(2)	 Orders may be issued for promotion to grade E-5 and E-6 in advance of the
effective date that the soldier will equal or exceed the announced DA promotion point 
cut-off score if the soldier is within 30 days of his/ her promotion effective date.

(3)	Determination of dates of rank will be made in accordance with
paragraph 7-25.1.  Each promotion order will include the following statement under 
special instructions:  "Promotion is invalid and it will be revoked if the soldier concerned 
is not in a promotable status (para 7-6, AR 600-200) on the effective date of promotion 
as shown in the order." 

(4)	Each individual who is eligible for promotion; is in a promotable status, is still
a member of the promotion authority's command; and who will have less than 3 or 12 
months' remaining obligated active service to current (or adjusted) ETS as of the first 
day of the promotion month will be notified in writing that the promotion authority intends 
to promote him/her to grade E-5/E-6 subject to extension of enlistment (para 3-2, AR 
601-280) or active duty (para 3-4, AR 610-280) to meet the service requirements of 3 
months for pay grade E-5 and 12 months for pay grade E-6.  

     c.  Paragraph 15 (Time in grade and time in service). Time in service will be 
computed in accordance with paragraph 7-76.  Computation of time in service
for promotion consideration will be computed as of the end of the month in which the 
promotion actions are to be accomplished.  Complete the following time in grade and 
time in service:  For Promotion to Pay Grade E-6 (PZ) 84 months and (SZ) 60 months   
Time In Grade, and 10 months in E-5 Time In Service.  
     d.  Paragraph 19.1 (Service Obligation) — A precondition for promotion service 
obligation is established as 3 months for promotion to pay grade E-5 and 12 months for 
promotion to E-6.  Waivers will not be granted.
4.  AR 635-5 (Separation Documents) states the DD Form 214 provides the individual 
with documentary evidence of his military service.  All available records will be used 
when preparing a DD Form 214.  Item 5(a) (b) shows the grade in which serving at the 
time of separation, indicating whether permanent or temporary.  Item 6 shows the Date 
of Rank. 
      //NOTHING FOLLOWS//
      
      

ABCMR Record of Proceedings (cont)	 AR20190008618

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