IN THE CASE OF: BOARD DATE: 20 April 2021 DOCKET NUMBER: AR20210006060 APPLICANT REQUESTS: reconsideration of his request for correction of item 5a (Grade, Rate, or Rank) and item 5b (Pay Grade) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 20 January 1972 to show his rank/grade as sergeant (SGT)/E-5 vice specialist four (SP4)/E-4. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DA Form 2496 (Disposition Form), 1 December 1971 * Headquarters, U.S. Army Europe and 7th Army Special Troops Group, Special Orders Number 265, 20 December 1971 * DD Form 214 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20160008758 on 24 July 2018. 2. The applicant states he was on the recommended promotion list to SGT/E-5 on 30 November 1971. The promotion board considered him eligible for promotion from SP4/E-4 to SGT/E-5. 3. Item 2 (Grade) of his DA Form 20 (Enlisted Qualification Record) shows his rank/grade as SP4/E-4 effective 5 March 1971. Item 33 (Appointments and Reductions) also shows he was promoted to SP4/E-4 under the authority of Headquarters, U.S. Army Europe and 7th Army Special Troops Group, Special Orders Number 63, 1971, effective 5 March 1971. 4. The DA Form 2496, 1 December 1971, shows he was selected for promotion effective 30 November 1971. He was included on the Recommended Promotion List to SGT/E-5 and was considered eligible for promotion. It further states promotions would be made in order of standing upon receipt of cut-off scores from Department of the Army. He was listed as Number 171 in the standing. 5. Headquarters, U.S. Army Europe and 7th Army Special Troops Group, Special Orders Number 265, 20 December 1971, amended Special Orders Number 261 to read: assigned to 519th Transportation Company (Augmentation). His rank is shown as SP4. 6. Headquarters, U.S. Army Personnel Center, Fort Jackson, Special Orders Number 17, 20 January 1972, released him from active duty effective 20 January 1972. His rank/grade is shown as SP4/E-4. 7. There is no evidence showing the promotion standing list reached the applicant's sequence number and his service records are void of orders promoting him to the rank/grade of SGT/E-5. 8. On 20 January 1972, he was honorably released from active duty. Item 5a and item 5b of his DD Form 214 show his rank/grade as SP4/E-4. 9. On 24 July 2018, the ABCMR denied his request for correction of his DD Form 214 to show his rank/grade as SGT/E-5. The Board determined the evidence presented did not demonstrate the existence of a probable error or injustice. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 2. The Board carefully considered the applicant’s request, supporting documents and evidence on the records. The Board considered the applicant’s statement, his record of service, the documents recommending him for promotion and the rank reflected on his reassignment orders and on his DD Form 214. The Board found insufficient evidence of the applicant meeting the required cutoff score for promotion or orders promoting his to SGT. Based on a preponderance of evidence, the Board found that the rank on the applicant’s DD Form 214 was not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XXX 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. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for the preparation of DD Form 214, including the DA Form 20 and orders. a. The specific instructions for enlisted personnel for item 5a stated to enter the grade in which serving at time of separation, indicating whether permanent or temporary. b. The specific instructions for enlisted personnel for item 5b stated to enter the pay grade. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006060 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1