IN THE CASE OF: BOARD DATE: 16 February 2023 DOCKET NUMBER: AR20220006853 APPLICANT REQUESTS: correction of his service record to show he was promoted 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) * Headquarters (HQs), 1st Brigade (BDE), 101st Airborne Division (Airmobile) Memorandum, Subject: Promotion Merit Roster (E-5), 29 June 1971 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 he requests the correction of his service record to reflect he was promoted to the rank of SGT/E-5 so he may have the rank that he earned. 3. Review of the applicant's service records shows: a. The applicant was inducted into the Army of the United States on 24 March 1970. b. DA Form 20 (Enlisted Qualification Record) shows: * served in Vietnam during the period of 21 August 1970 through 26 October 1971 * advanced to the rank of Specialist Four (SP4) with the date of rank of 15 December 1970 * was awarded the: * National Defense Service Medal * Vietnam Service Medal * Army Commendation Medal * Combat Infantryman Badge * Army Commendation Medal with "V" Device * Bronze Star Medal * Air Medal * Vietnam Campaign Medal * Overseas Bar (2nd Award) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) c. On 31 August 1970, Special Order Number 243, issued by HQs, 101st Airborne Division (Airmobile), advanced the applicant to the rank of Private First Class (PFC)/E3. d. On 7 January 1971, Special Orders Number 7, issued by HQs, 101st Airborne Division (Airmobile), advanced the applicant to the rank of SP4/E-4, effective 15 December 1970. e. On 28 October 1971, the applicant was honorably released from active duty and assigned to the U. S. Army Reserve (USAR) Control Group (Annual Training). DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant completed 1-year, 7-months, and 5-days of active service. Item 5a (Grade, Rate or Rank) shows "SP4." f. On 27 February 1976, Letters Orders Number 02-1034553, issued by the Office of the Adjutant General Reserve Components Personnel and Administration Center, the applicant was honorably discharged from the USAR in the rank of SP4. 4. The applicant provides the HQs, 1st BDE, 101st Airborne Division (Airmobile) Memorandum, Subject: Promotion Merit Roster (E-5) dated 29 June 1971, which shows the established order of merit for promotion to SGT on 26 June 1971. The document shows he was selected for promotion to E-5 on 26 June 1971, and shows more than 60 Soldiers were ahead of him in order of merit based on promotion points awarded. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board noted the applicant’s service record contains no orders promotion him to SGT/E-5 and found the document he provided does not confirm that he was erroneously overlooked for promotion prior to his release from active duty. Based on a preponderance of the evidence, the Board determined the applicant’s pay grade upon release from active duty is not in error or unjust. 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) 600-200 (Enlisted Personnel Management System) in effect at the time, prescribe policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. a. Paragraph 7-4 (Orders), promotion of enlisted personnel to grade E3 through E9, appointments, grade reductions, and grade restorations will be announced in routine orders. b. Paragraph 7-13, together with section IV governs promotion and establishes eligibility criteria of enlisted personnel of the Active Army to pay graded E5 and E6 made against promotion point cutoff scores. Headquarters Department of the Army will announce each month by separate designation the promotion point cutoff scores for the primary and secondary zone lists for promotion. c. Paragraph 7-15a (Time in grade and time in service), computation of time in service for promotion consideration will be computed as of the end of the month in which the promotion actions are to be accomplished. For promotion to E5, time in grade; 8-months as an E4, and for time in service; 36-months in the primary zone and 24-months in the secondary zone. 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. Item 5a, enter the grade in which serving at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001717 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1