IN THE CASE OF:  

		BOARD DATE: 20 January 2023

		DOCKET NUMBER: AR20220006788


APPLICANT REQUESTS: in effect –

*	retroactive pay and documentation for the months that he spent as a private 
(PV2)/E-2 from September 1967 to August 1968
*	promotion certificates showing his rank of private first class (PFC)/E-3 and 
specialist four (SP4)/E-4

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Unit Orders Number 34, 21 August 1967
*	Special Orders Number 275, 18 December 1967
*	Military Photographs

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:

	a.  He is requesting retroactive pay and documentation for the months that he spent 
as a private (E-2) having already been promoted to PFC/E-3, due to delay in his 
promotion catching up to him. He was promoted on 21 August 1967, as per enclosed 
document (attachment 1), while enroute to training schools in the United States, and 
prior to deployment to Vietnam on 31 January 1968 as per deployment orders 
(attachment 2). He states that his promotion to E-3 was presented between June and 
August 1968, once he was already in Vietnam, and sequentially started getting E-3 pay 
after that. He feels that he is owed the difference in pay of E-2 to E-3 from September 
1967 to August 1968. Enclosed pictures show, due to lack of stripes on uniform, he was 
not promoted yet. He would also like a promotion certificate showing his rank of E-3 and 
E-4. He would like the orders to Vietnam to be corrected with his actual E-3 rank. 

	b.  He feels, as a matter of principle, that he sacrificed enough for his country to 
warrant the requested corrections. He would like to be able to leave behind, before he 
passes, the corrected documents and certificates for his family to know what his 
sacrifice and achievements were while in Vietnam. Please consider the request and 
reply to him in a timely fashion. After discovery of the error, he was unable to find an 
agency that would help him with the process of correcting the errors.  

3.  A review of the applicant's official military records show the following:

	a.  On 26 October 1966, he was inducted into the Army of the United States.

	b.  DA Form 20 (Enlisted Qualification Record) shows he was appointed/promoted to 
E-2 with a Date of Rank (DOR) of 26 February 1967, and he served in the Republic of 
Vietnam from on or about 12 March to 17 October 1968.  

	c.  Unit Orders Number 34 published by Company C, 3rd Battalion, Student Brigade, 
U.S. Army Southeastern Signal School (USASESS), Fort Gordon, GA, appointed the 
applicant to the permanent rank/grade of PFC/E-3, effective on with a DOR of 
21 August 1967. 

	d.  On 18 December 1967, Headquarters, USASESS, Fort Gordon, GA, issued 
reassignment Special Orders Number 275 reassigning the applicant to the U.S. Army 
Overseas Replacement Station, Oakland, CA, with a report date of 31 January 1968. 
His rank/grade was listed as PVT/E-2. 

	e.  On 11 January 1968, Headquarters, USASESS, Fort Gordon, GA, issued Special 
Order Number 9, amending his reassignment Special Order Number 275 to read the 
rank/grade of PFC/E-3. 

	f.  Special Orders Number 74 issued by Headquarters, U.S. Army Vietnam Transient 
Attachment, attached the applicant to the 178th Adjutant General Replacement 
Company, with a report date of 14 March 1968. His rank/grade was listed as PFC/E-3.  

	g.  Special Orders Number 180 published by Headquarters, 9th Infantry Division, 
appointed/promoted the applicant to the temporary rank/grade of SP4/E-4, effective 
1 June 1968.

	h.  On 17 October 1968, the applicant was released from active duty and transferred 
to the U.S. Army Reserve Control Group (Annual Training). DD Form 214 (Armed 
Forces of the United States Report of Transfer or Discharge) shows he completed 1 
year, 11 months, and 22 days net service this period with 7 months and 6 days of 
foreign service. Item 5a (Grade, Rate or Rank) shows SP4(T) [temporary]. Item 6 (DOR) 
shows 1 June 1968 and item 30 (Remarks) shows PFC/E-3 (P) [permanent].

4.  The applicant provides photographs showing an individual in a military uniform sitting 
on a military vehicle and near a what appears to be a bunker. The uniform has no rank 
insignia on the sleeves.    

5.  The applicant provided no documentation showing his pay and allowances at the 
time in question.

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 
applicant served on active duty from 26 October 1966 to 17 October 1968. He was 
advanced to E-2 on 26 February 1967. He was issued reassignment orders (not 
promotion orders) that listed his grade as E-2 and were then amended to show his 
grade as E-3. He was also issued promotion orders by his training unit at Fort Gordon, 
appointing him to E-3 effective on with a DOR of 21 August 1967. He was finally also 
issued promotion orders advancing him to the temporary rank/grade of SP4/E-4, 
effective 1 June 1968. There is no evidence provided by the applicant (such as Leave 
and Earnings Statements or pay vouchers) showing his did not receive the appropriate 
pay for each pay grade. Additionally, promotion certificates for grades E-2 through E-4 
are issued by the unit. The Board does not issue junior promotion certificates.
?
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 

	
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 15–185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army, acting through the Army Board for Correction of Military Records (ABCMR). In 
pertinent part, it states that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity. The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence. The ABCMR will decide cases 
based on the evidence of record. It is not an investigative agency.  

3.  Under Title 31, USC, Section 3702(a)(1), provides that, the Secretary of Defense 
shall settle claims involving uniformed service members' pay, allowances, travel, 
transportation, payments for unused accrued leave, retired pay, and survivor benefits. 
Section 3702(b) provides a 6-year statute of limitation for filing claims against the 
Government. A Statute of limitations is a statutorily prescribed deadline for filing a claim 
or lawsuit, informally known as the "Barring Act". The Barring Act, Title 31 USC Section 
3702, bars payment of any claim not received within 6 years from the date it accrues. 
Section 3702(e), provides that, the Secretary of Defense may waive the time limitations 
set forth in subsection (b) or (c) in the case of a claim referred to in subsection (a)(1)(A).  

4.  AR 600-8-19 (Enlisted Promotions and Reductions), currently in effect, states the 
promotion order is the official instrument for promotion. It also is the source document 
for rank, effective date, and date of rank for all record and pay purposes. The promotion 
certificate is not the official instrument for promotion. The promotion order will be used 
as the source document for rank, effective date, and DOR for all record and pay 
purposes. Promotion certificates for Soldiers promoted to specialist (SPC) and above 
will be prepared by the unit or battalion (BN) human resources (HR) (or equivalent 
echelon) activity for signature by the sergeant and/or staff sergeant promotion authority. 
Any higher-level commander may direct that signature authority be held at his or her 
level, but the certificate will still be prepared by the unit or BN HR (or equivalent 
echelon) activity. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220006788


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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