ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 February 2020 DOCKET NUMBER: AR20190012502 APPLICANT REQUESTS: His military records be adjusted to reflect the rank of sergeant (SGT/E5) instead of specialist 5 (SP5/E5). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DA Form 1577 (Authorization for Issuance of Awards * Pictures x13 * Department of the Army Memo Subject: Port Call Instruction * Discharge Letter Order * DD Form 256 (Honorable Discharge Certificate) * USAARMC Form 1121 (United States Army Training Center Certificate) * United States Army Quartermaster School Diploma * DA Form 87 (Department of Army Certificate of Training) * DA Form 348 (Equipment Operator’s Qualification Record) * FC FM 1935 (U.S Army Training Center Certificate) * Special Orders Number 65 * Special Orders Number 187, 164, 241, and 24 * Witness Statement for Combat Action Badge (CAB) x2 * Combat Skill Badges Print out * Email Subject: DD214 Corrections, Revisions and Updates for [applicant] 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 (ABCMR) 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 he was told by his platoon leader his SP5 rank would be changed to SGT. During this time he served in the position of Squad Lead for 6 months. He believes the rank adjustment was lost or forgotten. 3. The applicant provided the following documents in support of his request: * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) – shows his rank as SP5/ E5 * DA Form 1577 (Authorization for Issuance of Awards) * Pictures x13 – shows Soldiers and military forces present in what looks like an deployment area * Department of the Army Memo Subject: Port Call Instruction – shows him in the rank of SP5 * Discharge Letter Order – shows the applicant was honorably discharged as Private (PVT/E1) * DD Form 256 (Honorable Discharge Certificate) – shows he was discharged on 20 October 1966 in the rank of PVT * USAARMC Form 1121 (United States Army Training Center Certificate) – shows he completed 76A10 (General Supply Clerk) Military Occupational Specialty Training on 17 February 1967 * United States Army Quartermaster School Diploma – he completed general supply specialist course at the quartermaster school on 6 April 1967 * DA Form 87 (Department of Army Certificate of Training) – completed 75 hours of driving training from the 28th Transportation Battalion Drivers School * DA Form 348 (Equipment Operator’s Qualification Record) – shows the applicant military driving records * FC FM 1935 (U.S Army Training Center Certificate) – shows he completed basic combat training 17 December 1966 * Special Orders Number 65 – shows him in the rank of SP5, reporting to the Republic of Vietnam * Special Orders Number 187 – shows he earned the Sharpshooter and Sharpshooter with Rifle Badge * Special Orders Number 241 – Wheeled Vehicle Driver Badges with Bar * General Orders Number 24 – shows he earned the Meritorious Unit Commendation Medal * Witness Statement for Combat Action Badge (CAB) x2 – showing the applicant was engaged in combat while deployed in Vietnam * Combat Skill Badges Print out – shows the CAB was awarded to Soldiers who personally engaged the enemy or are engaged by the enemy during combat operations * Email Subject: DD Form 214 Corrections, Revisions and Updates for [applicant] – shows he requested an adjustment made to his DD Form 214 to change his SP5/ E5 to SGT/ E5 4. A review of the applicant’s records shows: * 21 October 1966 – he enlisted in the Regular Army (RA) * 4 April 1967 – he received Special Orders Number 73 showing his Rank and Pay PVT/E2 and MOS 76K30 (Supply Specialist) * 12 July 1967 – Special Orders Numbers 153 shows the applicant in the rank of Private First Class (PFC/E3), he is awarded a new MOS 64B20 (Supply) * 3 August 1967 – Special Orders Number 171 show the applicant’s MOS P64B20 (Heavy Vehicle Driver) and S76Y30 is awarded and S76Y30 and P64B20 is withdrawn * 19 September 1967 – he was promoted to Specialist 4 (SP4/E4) * 17 November 1968 – he was promoted to Specialist 5 (SP5/E5) * 26 May 1969 – he was honorably discharged from RA * DD Form 214 reflects his rank as SP5 (Temporary) and his grade as E-5 5. The applicant’s records are void of orders, promoting him to SGT. 6. Prior to 1985, the Army used the specialist rank to several military occupational specialties. The Army no longer uses specialist ranks above SPC/E-4. A SP5 and a SGT were in the same pay grade, but had different responsibilities and leadership roles. The SP5 was a technician and the SGT was a leader. One was considered a non- commissioned officer while the other was not. The primary MOS played a key role in the difference between specialists and NCOs. 7. Please see REFERENCES below. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is not warranted. A thorough review of the applicant’s records revealed no documentation to show that he was promoted to SGT or his rank changed to SGT. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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 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 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders; and item 6 shows the date of rank. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190012502 4 1