IN THE CASE OF: BOARD DATE: 21 February 2023 DOCKET NUMBER: AR20220007578 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 July 1971 to show in: * item 5a (Grade, Rate, or Rank) – specialist five (SP5) * item 5b (Pay Grade) – E-5 * item 23a (Specialty Number and Title) – 62E2O (Crawl Tractor Operator) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Headquarters, 1st Infantry Division Forward, Vietnam, Special Orders Number 66 Extract, 20 June 1970 * Military Pay Voucher for the period ending 30 November 1970 * Memorandum (Unavoidable Absence), 10 March 1971 * Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 74, 15 March 1971 * Headquarters Company, 84th Engineer Battalion (Construction), Unit Orders Number 23, 30 April 1971 * Headquarters Company, 84th Engineer Battalion (Construction), Unit Orders Number 130, 7 June 1971 * Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 205, 24 July 1971 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 the rank and pay for military occupational specialty (MOS) 62E2O (Crawl Tractor Operator) should have been awarded when an enlisted member was assigned to a noncommissioned officer (NCO) position with its added risks and responsibilities. a. He arrived in Germany as an infantryman (MOS 11B1O) in the rank/grade of private/E-1 and had an excellent record as an enlisted member. b. Because being placed in a critical MOS guaranteed an enlisted member would be on a fast track to Vietnam as it is now known, many young men died needlessly and then some, like him, just got wounded in one place or another. He should never have been sent into a war zone with no advanced individual training and having only 7 months remaining on active duty. c. An angry, unpromotable staff sergeant in Germany took it upon himself to make sure he paid for his good fortune. His primary MOS 11B1O was withdrawn and he was awarded primary MOS 62E2O, which he has just learned was the skill level for specialist four (SP4) or SP5 at a minimum. The orders promoting him to SP4 are dated after his date eligible for return from overseas. 3. He enlisted in the Regular Army on 15 October 1969 for a period of 2 years. 4. His Standard Form 88 (Report of Medical Examination), 15 October 1969, for the purpose of enlistment shows the physician marked "Is Qualified for Enlistment" with no defects. 5. Headquarters, U.S. Army Training Center, Fort Polk, Special Orders Number 059 Extract, 9 February 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 6. Headquarters, U.S. Army Training Center, Fort Polk, Special Orders Number 055 Extract, 26 February 1970, awarded him MOS 11B1O (Infantryman) effective 26 February 1970. 7. Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, Special Orders Number 89, 30 March 1970, ordered his permanent change of station to the 21st Adjutant General Replacement Battalion, Germany, reporting date of 2 April 1970. 8. Headquarters, 1st Infantry Division Forward, Special Orders Number 66, 20 June 1970, promoted him to the rank/grade of private first class/E-3 and awarded him primary MOS 62E2O. His primary MOS was acquired through on-the-job training (code J). 9. Headquarters, 1st Infantry Division Forward, Special Orders Number 228, 30 November 1970, ordered his permanent change of station to the U.S. Army Overseas Replacement Station, Fort Lewis, WA, with a reporting date of 7 February 1971. His MOS is shown as 62E2O. 10. His Military Pay Voucher for the period ending 30 November 1970 shows his pay grade as E-3. 11. The memorandum from his commander (Unavoidable Absence), 10 March 1971, states: "it is administratively determined that [Applicant] presently attached to this organization, was in an unavoidable absence status from 7 February 1971 to 8 March 1971, and all pay and allowances will be paid for that period." 12. Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 74, 15 March 1971, ordered his permanent change of station to the U.S. Army Vietnam Transient Detachment, Vietnam, effective 18 March 1971. 13. Headquarters Company, 84th Engineer Battalion (Construction), Unit Orders Number 23, 30 April 1971, promoted him to the rank/grade of SP4/E-4 effective 15 April 1971. His MOS is shown as 62E2O. 14. Headquarters Company, 84th Engineer Battalion (Construction), Unit Orders Number 130, 7 June 1971, reassigned him to the Transfer Point for separation processing. His rank is shown as SP4 and his MOS is shown as 62E2O. His date eligible for return from overseas is shown as 30 July 1971. 15. Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 205, 24 July 1971, reassigned him to the U.S. Army Reserve Control Group (Annual Training) effective 25 July 1971. His rank is shown as SP4 and his MOS is shown as 62E2O. 16. His Standard Form 88, 24 July 1971, for the purpose of separation shows the physician marked "Is Qualified for Separation." The applicant states: "Since my last physical my condition has not changed" and "My condition is excellent." 17. His DA Form 20 (Enlisted Qualification Record) shows in: * item 2 (Grade) – SP4/E-4 * item 3 (Date of Rank) – 15 April 1971 * item 8 (Duty MOS) – 71B3O (Clerk Typist) * item 22 (MOSs) – 62E2O (Crawl Tractor Operator), 15 June 1970 * item 31 (Foreign Service) – he received overseas tour credit for service in U.S. Army Pacific-Vietnam from 16 March 1971 through 30 July 1971 * item 33 (Appointments and Reductions) – SP4/E-4, 15 April 1971 * item 38 (Record of Assignments), in part – * 28 December 1969 to 5 March 1970 – 11B1O, Advanced Individual Training * 1 April 1970 to 29 December 1970 – 62E2O, Company D, 1st Engineer Brigade, U.S. Army Europe, Germany * 24 March 1971 to 23 July 1971, 71B3O (Clerk Typist), Headquarters and Headquarters Company, 84th Engineer Battalion (Construction), U.S. Army Pacific-Vietnam * item 40 (Wounds) – no entry * item 41 (Awards and Decorations) – National Defense Service Medal, Vietnam Service Medal, Army Good Conduct Medal (1st Award); Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60); Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), 18. During his service in Vietnam from 24 March 1971 through 26 July 1971, he received participation credit for the following campaigns: Counteroffensive Phase VII – 1 July 1970-30 June 1971 and Consolidation I – 1 July 1971-30 November 1971. 19. He was honorably released from active duty on 24 July 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows in: * item 5a (Grade, Rate, or Rank) – SP4 * item 5b (Pay Grade) – E-4 * item 23a (Specialty Number and Title) – 62E2O (Crawl Tractor Operator) 20. Headquarters, Department of the Army, General Orders Number 6, 25 February 1974, confirmed award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to Headquarters and Headquarters Company, 84th Engineer Battalion, for the period 3 May 1970 to 30 April 1971. 21. Headquarters, Department of the Army, General Orders Number 8, 19 March 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973. 22. Department of the Army Office of the Adjutant General, Reserve Components Personnel and Administration Center, Letter Orders Number 09-1292456, 24 September 1975, discharged him from the U.S. Army Reserve Control Group (Reinforcement). His rank is shown as SP4 and his MOS is shown as 62E2O. 23. His military records contain no evidence showing he was promoted to the rank/grade of SP5/E-5. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. The evidence shows the applicant was promoted to SP4/E-4 by authority of Unit Orders Number 23, issued by Headquarters Company, 84th Engineer Battalion (Construction), on 30 April 1971, with an effective date of 15 April 1971 and in MOS shown as 62E2O. There is no evidence the applicant was recommended for or promoted to SGT/E-5. If the applicant has a copy of the promotion/appointment orders, he may resubmit his application to this Board for reconsideration. 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: Except for the corrections addressed in Administrative Note(s) below, 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. ADMINISTRATIVE NOTE(S): The applicant is authorized administrative correction of his DD Form 214 for the period ending 24 July 1971 to show the following awards without Board action: * two bronze service stars with his already-awarded Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) 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 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 ABCMR. 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. 3. Army Regulation 600-200 (Enlisted Personnel Management System), 24 March 1965, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Paragraph 2-26 (Determination of Skill Level for Primary MOS (4th Character of MOS Code)) stated there is a direct relationship between grade and skill level without regard to supervisory and nonsupervisory skills. A skill level identifies skills, proficiency, and abilities which are typically required for successful performance in that MOS at the grade with which the skill level is associated. Under no circumstances will Soldiers possess a skill level in a primary MOS other than that specified below. Upon promotion/reduction, a Soldier will be awarded the skill appropriate to the grade to which promoted/reduced. * Grade E-1 through E-4, Skill Level 1 * Grade E-5, Skill Level 2 * Grade E-6, Skill Level 3 4. Army Regulation 635-5 (Separation Documents), 1 February 1967, prescribed the separation documents that will be furnished to each individual who is separated from the Army and established standardized procedures for preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. It is important that information entered thereon is complete and accurate. The specific instructions for each item of the DD Form 214 shows for: * item 5a (Grade, Rate, or Rank) – for enlisted personnel, enter the grade in which serving at the time of separation, indicating whether permanent or temporary * item 5b (Pay Grade) – for enlisted personnel, enter the pay grade * item 23a (Specialty Number and Title) – enter the primary MOS code number and title //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007578 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1