IN THE CASE OF: BOARD DATE: 22 August 2022 DOCKET NUMBER: AR20220000495 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 4 September 1970, to show: * Purple Heart * Rank/grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, ending on 4 September 1970 * Purple Heart Certificate, dated 13 May 1969 * Honorable Discharge Certificate, date 1 November 1973 * Letter Orders Number 10-1283833, dated 24 October 1973 * Special Orders Number 217, dated 5 August 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 (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 his Purple Heart was not listed on his DD Form 214 and his rank should reflect SGT, but it was never updated, nor does it reflect on his Discharge Certificate. Additionally, he was not paid for the promotion to SGT. 3. The applicant provides orders awarding him the Purple Heart. This award will be administratively corrected and added to his DD Form 214 and does not require Board action. 4. A review of the applicant's official records shows the following: a. On 2 November 1967, the applicant enlisted in the Regular Army. b. DA Form 20 (Enlisted Qualification Record) shows in: (1) Item 33 (Appointments and Reductions) shows the following: * Private (PVT)/E-1; 2 November 1967 * Private (PV2)/E-2; 2 March 1968 * Private First Class (PFC)/E-3; 29 May 1968 * SP4/E-4 (Temporary); 27 October 1968 * Specialist 5 (SP5)/E-5; 24 July 1970 (however it was lined through) (2) Item 40 (Wounds) "fragment wounds left arm." c. On 4 September 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). DD Form 214, item 5a (Grade, Rate or Rank) shows "SP4" and item 6 (Date of Rank) shows "27 October 1968." Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Vietnam Campaign Medal with 1960 Device d. On 24 October 1973, Letter Orders Number issued by the U.S. Army Reserve Components Personnel and Administration Center, discharged the applicant from the USAR by reason of expiration term of service in the rank of SP4. 5. The applicant provides: a. Purple Heart Certificate presented to the applicant for wounds received in action on 12 May 1969. b. Honorable Discharge Certificate showing his rank as SP4. c. Special Orders Number 217 issued by Headquarters, Fort Carson, CO and Headquarters, 5th Infantry Division (Mechanized) which appointed/promoted the applicant to the rank of SP5, effective 24 July 1970. The document is missing the signature block of the promotion authority. ? BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined partial relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon the information reflected on the applicant’s DA Form 20 and the provided Purple Heart award certificate, the Board concluded there was sufficient evidence to add the Purple Heart to the applicant’s DD Form 214. The Board, however, found based upon the information on the applicant’s DA Form 20 and other documentation in the record insufficient evidence to show the applicant was promoted above the rank of SP4 during his period of active-duty service. Therefore, the Board recommended denying that portion of the requested relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by adding the Purple Heart for injuries incurred on 13 March 1969, while serving in Vietnam. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the applicant’s rank reflected on his DD Form 214. 3. Prior to closing the case, the Board noted the administrative note below from the analyst and recommended that change also be completed to more accurately reflect the military service of the applicant. 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. ADMINISTRATIVE NOTE(S): 1. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 for the period ending September 4, 1970, by adding: * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DD Form 214 * General Orders Number 114, dated 13 May 1969 * Department of the Army General Orders Number 8, dated 1974 3. Please correct the applicant’s DD Form 214 by adding the awards shown in paragraph 1 above. Provide the applicant a copy of the correction. Please ensure that the correction is recorded in the applicant’s official military personnel record. 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) 600-200 (Enlisted Personnel Management System) in effect at the time states in: a. Paragraph 7-13 this section governs temporary promotion of enlisted personnel of the Active Army to pay grades E-4 through E-6, made against periodic temporary promotion quota allocations, and pay grades E-7 through E-9, made against temporary promotion quota allocations in conjunction with personnel requisition items canceled by Headquarters, Department of the Army. This paragraph will be cited in promotions using quota allocations. Paragraph 7-15 (Eligibility and Selection Criteria) states promotion from E-4 to E-5 the service member requires 8 months' time in grade for appointment and 2 years' time on active duty. b. Paragraph 9-46 c. (Revocation of a grade) annotated on DA Form 20 states line through the entry identifying the grade revoked. Enter the restored grade, date of rank, revocation order, issuing authority and date published. 3. 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. All available records will be used as a basis for the preparation of DD Form 214 Worksheet, including DA Form 20 (Enlisted Qualification Record). Item 5a; enter grade in which serving at time of separation, indicating whether permanent or temporary. Item 6; enter date of rank for the grade shown in item 5a. If grade at 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 (Remarks). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220000495 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1