IN THE CASE OF: BOARD DATE: 21 February 2023 DOCKET NUMBER: AR20220007112 APPLICANT REQUESTS: * Rank shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 19 March 1964, be changed from specialist five (SP5)/E-5 to sergeant (SGT)/E-5 * To be awarded the Army Good Conduct Medal APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, 19 March 1964 * Special Orders Number 25, 28 March 1963 * Unit Orders Number 16, 10 June 1963 * Commendation letter, 18 December 1963 * Photograph wearing SGT insignia 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 his last 10 months of service were as SGT/E-5 serving as Launcher Platoon Squad Leader, Training Noncommissioned Officer (NCO) responsible for scheduling and coordinating all military training for A Battery, 8th Missile Battalion, 15th Artillery. He also created and organized a drill team/honor guard for "A Battery to perform at funerals of veterans, holiday venues such as Veterans Day, Memorial Day, Fourth of July, etc., as requested by the local community. During the last 10 months of active duty, he wore Noncommissioned Officer SGT/E-5 chevrons. His wife is buried in Cemetery and when his time comes, he will be buried with her and he would feel justified if his plaque read SGT. Also, when he left for Fort Stewart GA to be discharged he was issued a Good Conduct Ribbon but it was never entered on his DD Form 214. On 4 January 2022, his wife passed away and was buried in the Cemetery and when her plaque was installed it had his rank as SP5 and he believes the plaque should read SGT since that is what his duties required. 3. A review of the applicant's official military records show the following: a. On 20 March 1961, he enlisted in the Regular Army for 3 years. b. DA Form 24 shows in: (1) Section 1 (Appointments, Promotions, or Reductions) SP5/E-5 (Temporary (T)), 28 March 1963. (2) Section (Chronological Record of Military Service) shows he was given excellent conduct and efficiency ratings. Section 9 (Medals, Decorations, and Citations) does not show he was awarded the Army Good Conduct Medal, and Section 10 (Remarks) shows he was fully qualified for reenlistment. c. On 28 March 1963, 8th Missile Battalion, 15th Artillery, Fort Lewis, WA, published Special Orders Number 25, appointing the applicant to SP5/E-5 (T), with a date of rank of 28 March 1963. d. On 27 February 1964, 8th Missile Battalion (HAWK), 15th Artillery, Homestead Air Force Base, FL, issued Special Orders Number 25, reassigning the applicant to the Transfer Point, U.S. Army Garrison, Fort Stewart, GA, with a report date of 13 March 1964. His rank/grade was listed as SP5/E-5. e. Special Orders Number 56 issued by the Armor and Artillery Firing Center, Fort Stewart, GA, released the applicant from active duty and transferred him to the U.S. Army Reserve (USAR) Control Group (Reinforcement) on 19 March 1964. His rank/grade was listed as SP5/E-5. f. On 19 March 1964, the applicant was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) by reason of expiration of term of service. DD Form 214 shows he completed 3 years of net service this period. Item 3a (Grade, Rate or Rank) shows "SP5 (T) E5". Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) is void of an entry showing the Army Good Conduct Medal. g. The applicant's record did contain orders appointing him nor promoting him permanently to SGT/E-5. 4. The applicant provides: a. Unit Orders Number 16 dated 10 June 1963, appointing him to the temporary acting noncommissioned officer grade of SGT/E-5. b. Commendation letter dated 18 December 1963 that shows, his unit commander was commended and praised for having troops with high moral and character. His name was listed in the letter. c. Photograph wearing SGT insignia with a female. The date 21 December 1963 is written on the photo. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. a. The evidence shows the applicant served on active duty from 20 March 1961 to 19 March 1964, when he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement) by reason of expiration of term of service. He completed 3 years of net service this period. He received excellent conduct and efficiency ratings and he was fully qualified for reenlistment. There are no derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal. The Board determined he met the criteria for award of the Army Good Conduct Medal (1st Award). b. The evidence of record shows he was appointed by Unit Orders Number 16 dated 10 June 1963, to the temporary acting NCO grade of SGT/E-5, for a specific mission. Unlike an appointment or promotion to temporary or permanent SGT/E-5, an acting SGT holds the rank/grade temporarily due to either the absence of a qualified SGT, due to a unit's need for an acting NCO, or due to other reasons. He was an acting SGT only for the period of time he was assigned on the specific mission, that appointed him to that acting grade. His acting grade would have terminated upon conclusion of the mission or exit from the unit that appointed him to the acting grade. When he was separated from active duty, he held the rank of SP5/E-5. ? 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 the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for service during the period 20 March 1961 to 19 March 1964 * adding award of the Army Good Conduct Medal (1st Award) to his DD Form 214 2. The Board further determined that 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 his DD Form 214 to show his rank/grade as SGT/E-5 vice SP5/E-5. 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) 624-200 (Promotions, Demotions, and Reductions – Appointment and Reduction of Enlisted Personnel) prescribe the policies and procedures governing appointment and reduction of all enlisted personnel on active duty, other than active duty for training. Paragraph 12 (Acting noncommissioned officers) provides that: a. Company, troop, battery, and separate detachment commanders may appoint acting corporals, E-4, and acting sergeants, E-5, to fill position vacancies existing in their units. b. Commanders issuing movement orders for casual groups may appoint acting noncommissioned officers to exercise supervision and control during movement. Such appointments will end when the groups reach their destinations. c. Acting noncommissioned officers may wear either the regular insignia of grade permanently affixed to the sleeve or acting noncommissioned officer brassards as described in AR 670-5. The wearing of regular insignia of grade is encouraged in the units where experience indicates the acting noncommissioned officer will normally attain a regular appointment to the grade in which he is acting. Acting noncommissioned officers of casual groups and training activities, where frequent personnel changes make the regular insignia impracticable, will wear the brassard (AR 670-5). d. Acting noncommissioned officers are not entitled to the pay and allowances of such higher grades, and service as an acting noncommissioned officer will not be credited as time in a higher grade for appointment or date of rank purposes. e. The appointment of acting noncommissioned officers and the termination of such status will be announced in orders issued by the appointing authority. Acting noncommissioned officers' status will be terminated: (1) At the discretion of the unit commander who made the appointment. (2) Upon reassignment to another unit. (3) Upon assignment of a regularly appointed noncommissioned officer to the position. 3. AR 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 4. AR 635-5 (Separation Forms) in effect at the time prescribe forms to be used in the separation of Army personnel and are applicable to all officer and enlisted personnel on active duty. Item 3a, enter grade at which serving at the time of separation, indicating whether permanent or temporary. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007112 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1