IN THE CASE OF: 

		BOARD DATE: 26 July 2023

		DOCKET NUMBER: AR20220010735


APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge), ending 23 September 1971 to reflect 
retroactive promotion to the rank/grade of sergeant (SGT)/E-5.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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, in pertinent part, he would like to be retroactively promoted to 
the rank of SGT because, as an 18-year-old, he took on the duties of a supply sergeant 
for his unit and fulfilled his responsibilities in an outstanding manner. Additionally, while 
in Korea, there were circumstances with North Korea where his actions may have saved 
several Soldiers from being injured.

3.  A review of the applicant's available service record reflects the following:

a.	On 24 September 1968, he enlisted in the Regular Army for a period of 3 years.

b.	DA Form 20 (Enlisted Qualification Record), Item 33 (Appointments and 
Reductions) reflects the following:

*	Private (PVT)/E-1, effective 24 September 1968
*	Private (PV2)/E-2, effective 24 January 1969
*	Private First Class (PFC)/E-3, effective 10 June 1969
*	Specialist Four (SP4)/E-4 Temporary (T), effective 27 August 1969

c.	DD Form 214, ending 23 September 1971 reflects service from 
24 September 1968 to 23 September 1971 with an honorable release from active duty 
and transfer to the U.S. Army Reserve Control Group (Reinforcement). Item 5a (Grade, 
Rate or Rank) shows "SP4." He completed 3 years of net active service.

d.	His record is void of promotion orders to the rank/grade of SGT/E-5.


BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The Board carefully 
considered the applicant's record of service, documents submitted in support of the 
petition and executed a comprehensive and standard review based on law, policy and 
regulation. Upon review of the applicant’s petition and available military records, the 
Board determined there is insufficient evidence to show an error on the applicant’s
DD Form 214. The Board determined his record is absent evidence that shows he was 
promoted to SGT/E-5 prior to his discharge.  Based on regulatory guidance, promotion 
to SGT/E-5 are announced with official orders.  The Board agreed the request for relief 
has no merit as the available evidence does not support the applicant was ever 
promoted to the rank of Sergeant (SGT). Therefore, the Board denied relief. 


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	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 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 ABCMR determines it would be in the 
interest of justice to do so.

2.  Army Regulation (AR) 635-5 (Separation Documents) in effect at the time prescribes 
the separation documents that will be furnished each individual who is separated from 
the Army. Source documents will consist of DA Form 20. Item 5a; enter the grade in 
which serving at the time of separation, indicating whether permanent or temporary. 
Item 30; if grade as shown in item 5 is not permanent, enter permanent grade, date of 
appointment, and date of rank if different from date of appointment.

3.  AR 600-200 (Enlisted Personnel Management System) in effect at the time states: 

	a.  Pay grades E-5 and E-6. Field grade commanders of any organization which is 
authorized a commander in the grade of lieutenant colonel or higher may promote 
assigned personnel to pay grades E-5 and 
E-6.

	b.  Section 7-52 (Units), Company, troop, battery, and separate detachment 
commanders. may appoint qualified Soldiers as acting corporals, E-4, and sergeants, 
E-5. They will serve in vacant positions in their units at their present or higher grade. 
This includes-those caused by temporary –absences of assigned NCOs. 


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220010735


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1