IN THE CASE OF BOARD DATE: 24 February 2023 DOCKET NUMBER: AR20220004020 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as sergeant (SGT)/E-5. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Birth Certificate * DD Form 214 * Picture * Driver License * MOS Description * Request for and Consent to Release of Information from Claimant’s Records FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 states he would like to receive the rank of sergeant (SGT)/E-5 as his rank in his records. He would be very proud and honored to recognize his achievement. He worked and followed his MOS (military occupational specialty) 72B without his sergeant promotion, due to his commanding officer being reassigned, when he came back from being medical evacuation to Camp Zama, Japan for a couple months. He would like to be honored as SGT on his. He has a Good Conduct Medal, 4 unit campaign awards, secret/top-secret/crypto, twice medically evacuated, disabled vet, with 2 tours of duty and 4 campaigns. He was stationed in tactical Vans in the field and Capital military assistance Command Center. 3. Review of the applicant’s service records shows: a. He was inducted into the Army of the United States on 31 January 1968. He held MOS 72B, Teletype Operator. b. He served in Vietnam from 17 July 1968 to on or about 2 September 1969. c. Unit Orders Number 27, issued by Headquarters, Capital Military Assistance Command on 9 October 1968 promoted ho to specialist four (SP4)/E-4. d. His DA Form 20 (Enlisted Qualification Record) shows the highest grade he attained was SP4/E-4 on 9 October 1968. e. On 25 April 1969, Headquarters, U.A. Army Personnel Center Far East, published Special Orders Number 80 reassigning him to Yokota Japan on 5 May 1969. The orders listed his grade as SP4. f. On 7 September 1969, Headquarters, U.S. Army Personnel Center, Oakland, CA published Special Orders Number 250 releasing him from active duty. The orders listed his grade as SP4. g. He was honorably released from active duty on 7 September 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he completed 1 year, 7 months, and 7 days of active service. It also shows: * Items 5a (Grade, Rate or Rank) and 5b (Pay Garde) SP4 (Temporary)/E-4 * Item 6 (Date of Rank) shows 9 October 1968 * Item 32 (Remarks) Private First Class (PFC) (Permanent) Appointed 18 June 1968 h. On 26 January 1972, Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO published Letter Order Number 01-1001553, honorably discharging the applicant from the USAR Control Group (Standby) effective 30 January 1974. The orders listed his rank as SP4. 4. There is no evidence the applicant was recommended for or promoted to SGT/E-5 during his period of active service. 5. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. 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 applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence shows the applicant was promoted to SP4/E-4 on 9 October 1968. He held this rank/grade at the time of his release from active duty. His DD Form 214 correctly shows his rank and grade. The Board found no evidence in the record or provided by the applicant to show he was recommended for or promoted to SGT/E-5. 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, U.S. 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 ABCMR determines it would be in the interest of justice to do so. 2. 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. 3. 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 DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. a. Block 3a (Grade, Rate, or Rank), for enlisted personnel, enter grade in which serving at time of separation indicating whether permanent or temporary· b. Block 3b (Date of Rank), for enlisted personnel, enter date of rank for the grade shown in item 3a. If the date of rank is different from date of appointment, enter date of appointment in items 32 (Remarks). If grade at time of separation is not permanent, the permanent grade, date of appointment, and date of rank if different from 9.ate of appointment will be entered in item 32 (Remarks). c. Block 32 (Remarks) will be used to complete entries too long for their respective blocks. When used for cross reference the item number must precede the continued information. If the enlisted member’s date of rank is different from the date of appointment in grade shown in item 3b, enter date of appointment as follows: "Item 3b- Date of appointment 15 Aug 55." If the grade as shown in item 3a is not permanent, enter permanent grade, date of appointment, and date of rank if different from date of appointment as follows: (a) "Item_3 -Sgt (P) Aptd 1 Aug 55" and (b) "Item 3a-Sgt (P) Aptd 13 Sep 55, Date of Rank 1 Aug 55." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004020 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1