IN THE CASE OF: BOARD DATE: 31 January 2023 DOCKET NUMBER: AR20220007495 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report or Transfer of Discharge), ending on 23 June 1972, to change his rank/pay grade at discharge from Specialist Four (SP4)/E-4 to Sergeant (SGT)/E-5. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, 23 June 1972 * Partial SF 180 (Request Pertaining to Military Records), 4 January 2021 * Veteran Benefits Administration (VBA) Query, undated * Department of Veterans Affairs (VA) letter, 17 February 2022 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 was promoted to Acting SGT/E-5 and transferred to Camp Drum, NY. His uniforms indicate the rank/grade of SGT/E-5 and he was never demoted. He maintained his SGT/E-5 status until his discharge and believes his DD Form 214 and all documents should reflect SGT/E-5 rather than SP4/E-4. 3. The applicant's service record shows: a. On 29 December 1969, the applicant enlisted in the Regular Army. His DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) – * Private/E-1 (Permanent), 29 December 1969 * Private/E-2 (Permanent), 29 April 1970 * Private First Class/E-3, 26 August 1970 * SP4/E-4, 3 June 1971 b. Letter Order Number 4-72 issued by Headquarters, U.S. Army Training Center Infantry and Fort Dix, dated 7 April 1972, ordered the applicant to Temporary Duty at Camp Drum from 3 April 1972 to 20 September 1972. His rank/grade was listed as SP4/E-4. c. Unit Orders Number 26 issued by the 532nd Military Police Company, dated 12 May 1972, appointed the applicant to Acting SGT/E-5. d. DD Form 214, ending on 23 June 1972, shows the applicant was honorably released from active duty. * Item 5a (Grade, Rate or Rank) – SP4. * Item 5b (Pay Grade) – E-4. * Item 22a(1) (Net Service This Period) – 2 years, 5 months, and 25 days. * Item 22b (Total Active Service) – 2 years, 5 months, and 25 days. e. Special Orders Number 185 issued by the U.S. Army Personnel Center, dated 3 July 1972, relieved the applicant from active duty, effective 4 July 1972, and assigned him to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His rank/grade was listed as SP4/E-4. f. Letter Order Number 11-1320875 issued by the Office of the Adjutant General, Reserve Components Personnel and Administrative Center, dated 25 November 1975, discharged the applicant from the USAR Control Group (Standby), effective 1 December 1975. His rank/grade was listed as SP4/E-4. g. The available evidence is void of orders terminating Unit Orders Number 26, dated 12 May 1972 which would have reestablished the applicant's rank/grade to SP4/E-4 prior to his discharge on 23 June 1972. Records are also void of orders promoting him to SGT/E-5 prior to his discharge. 4. The applicant provides: * Partial SF 180, dated 4 January 2021, in which the applicant requested VBA update his records to indicate that he is not deceased. An VBA query listed his date of death as 18 October 1982 * VA letter, dated 17 February 2022, which verified that the applicant was listed alive in official VA records 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 was promoted to SP4/E-4 on 3 June 1971. He was ordered to a specific mission from 3 April 1972 to 20 September 1972 and this mission required an acting grade of SGT. Army policy in effect at the time did not limit the grade requirement to be placed in an acting SGT position. The evidence of record shows he was appointed as an acting SGT/E-5 on 12 May 1972 for that 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 SP4/E-4. 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, prescribed policy for the career management of Army personnel. Section VII (Appointment of Acting Noncommissioned Officers) states under: a. Paragraph 7-52 (Appointment). (1) Subparagraph a (Units). Company, Troop, Battery, and separate Detachment Commanders may appoint qualified individuals as acting Corporals (CPL)/E-4 and Acting Sergeant (SGT)/E-5 to serve in position vacancies existing in their units at their present or higher grade, including those resulting from temporary absences of assigned Noncommissioned Officers. For appointments to Acting CPL/E-4 and Acting SGT/E-5, the individual may not be more than one grade lower than the grade to which being appointed. (2) Subparagraph b (Casual groups). Commanders issuing movement orders for casual groups may appoint individuals as acting Noncommissioned Officers in the grades of CPL/E-4, SGT/E-5, and Staff Sergeant/E-6 to exercise supervision and control during movement. (3) Subparagraph c (Insignia). Acting Noncommissioned Officers may wear either the regular insignia of grade permanently affixed to the sleeve or acting Noncommissioned Officer brassards. Wearing of regular insignia of grade is encouraged in units where experience indicates the acting Noncommissioned Officer will normally attain a regular appointment to grade in which acting. (4) Subparagraph d (Pay and benefits). Acting Noncommissioned Officers are not entitled to pay and allowances for such higher grades and service will not be credited as time in a higher grade for promotion or date of rank purposes. (5) Subparagraph e (Authority). An acting CPL or SGT has all of the authority of a regularly appointed Noncommissioned Officer of the same grade. b. Paragraph 7-53 (Orders). (1) Paragraph a. Appointment of an acting Noncommissioned Officer will be announced in orders using Format 304. Appointment orders will be filed in the Action Pending portion of the Military Personnel Records Jacket until such time as termination orders are published. (2) Paragraph b. An acting Noncommissioned Officers status will be terminated: * At the discretion of the Unit Commander who made the appointment * Upon assignment of a regularly promoted Noncommissioned Officer to the position * When the casual groups reach their destination * Upon reassignment to another unit (3) Paragraph c. Termination due to reassignment will be accomplished in the Additional Instructions of the order effecting the reassignment. All other terminations will be accomplished by orders using Format 304. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007495 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1