IN THE CASE OF: BOARD DATE: 14 February 2022 DOCKET NUMBER: AR20210010153 APPLICANT REQUESTS: his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect: * Item 5a (Grade, Rate, or Rank): SGT (sergeant) vice SP4 (specialist four) * Item 5b (Pay Grade): E-5 vice E-4 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Honorable Discharge Certificate * Bronze Star Medal (BSM) Certificate * BSM Citation * Army Commendation Medal (ARCOM) Certificate * General Orders Number 6493 * Newspaper clip and photo FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 stated his DD Form 214 shows his pay grade and rank as SP4/E-4. He was promoted to SGT/E-5 on or about 7 January 1970 in Tay Ninh Province Vietnam. He would like his DD Form 214 amended to reflect his actual rank/grade upon discharge. 3. The applicant provided: * Honorable Discharge Certificate showing he was honorably discharged from the U.S. Army Reserve (USAR) in the rank of sergeant on 1 October 1974 * Bronze Star Medal (BSM) Certificate showing he was awarded the BSM on 3 March 1970 in the rank of sergeant * BSM Citation showing his rank as sergeant * ARCOM Certificate showing he was awarded the ARCOM on 23 April 1970 in the rank of sergeant * General Orders Number 6493 issued on 23 April 1970 awarding him the ARCOM with “V” device in the rank of sergeant * Newspaper clip and photo showing he was promoted to sergeant while in Vietnam 4. A review of the applicant’s service records shows: a. He was inducted into the Army of the United States on 16 October 1968. b. He served in Vietnam from 9 April 1969 thru 20 May 1970. c. Special Orders Number 235, issued by Headquarters 1st Air Cavalry Division, on 23 August 1969, shows the applicant was awarded military occupational specialty 11B2O (Light Weapons Infantryman) and withdrawn 11B1O. d. Special Orders Number 236, issued by Headquarters 1st Air Cavalry Division, on 24 August 1969, shows the applicant was appointed to temporary grade specialist four on 10 August 1969. e. Special Orders Number 140, issued by Headquarters, US Army Personnel Center, Fort Lewis, WA, on 20 May 1970, shows the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) in the rank of sergeant. f. He was released from active duty and transferred to the USAR on 20 May 1970. His DD Form 214 shows he completed 1 year, 7 months, and 5 days. It also shows: * Item 5a (Grade, Rate, or Rank): SP4 * Item 5b (Pay Grade): E-4 g. Letter Orders Number 09-1302139, issued by Office of the Adjutant General, St. Louis, MO on 25 September 1974 shows the applicant was discharged from the USAR in the rank of sergeant on 1 October 1974. h. His DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) he was appointed as SP4/E-4 (T) on 10 August 1969. i. The applicant’s records are void of orders promoting/advancing him to sergeant/E5. 5. By regulation, Army Regulation 635-5 (Personnel Separation-Separation Documents), item 5a/b of the DD Form 214 shows the rank/grade in which a member was serving at the time of separation with an indication of permanent or temporary. Item 5b shows the date of rank for the grade shown in item 5a. If the date of rank is different from the date of appointment, enter the date of appointment in item 30 (Remarks). If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment will be entered in item 30. 6. By regulation (AR 600-200), in effect at the time, Chapter 7 stated, in part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders. BOARD DISCUSSION: After reviewing the application, all supporting documents and evidence in the record, the Board found that relief was warranted. The Board carefully considered applicant’s contentions, military record, and regulatory guidance. The Board considered the applicant’s period of service and applicable regulatory guidance, Documentation available for review shows the applicant was promoted to the rank of sergeant and pay grade E-5 as evidenced on documentation for the award of the Bronze Star Medal, Army Commendation Medal and Special Orders releasing him from Active Duty at the rank of Sergeant. Based on the preponderance of evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for relief. 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 the applicant’s DD214 for the period ending 20 May 1970 to show in block * 5a. Grade, Date or Rank: SGT * 5b. Pay Grade: E-5 * 6 Date of Rank: 7 Jan 70 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Personnel Separation-Separation Documents), item 5a/b of the DD Form 214 shows the rank/grade in which a member was serving at the time of separation with an indication of permanent or temporary. Item 5b shows the date of rank for the grade shown in item 5a. If the date of rank is different from the date of appointment, enter the date of appointment in item 30 (Remarks). If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment will be entered in item 30. 3. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. It stated, in part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010153 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1