IN THE CASE OF:   BOARD DATE: 25 April 2023 DOCKET NUMBER:  AR20220009616 


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending on 30 August 1968, to change his rank/pay grade at discharge from specialist four (SP4)/E-4 Temporary to sergeant (SGT)/E-5. 

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

•DD Form 149 (Application for Correction of Military Record)

•Self-authored Statement, 1 November 2017

•Battery C, 5th Training (Missile) Battalion, U.S. Army Training Center, FieldArtillery, Subject:  Letter of Commendation, 16 November 1967

•DD Form 214, 30 August 1968



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 theinterest of justice to excuse the applicant's failure to timely file.

2.Sufficient evidence is contained in the applicant's records to administratively correcthis DD Form 214 to show award of the following awards without Board action.

•Vietnam Service Medal with four bronze service stars

•Republic of Vietnam Gallantry Cross with Palm Unit Citation

•Meritorious Unit Commendation

•Drill Sergeant Identification Badge



3.The applicant states that the rank/grade on his DD Form 214 should be SGT/E-5. InNovember 1967, he completed Drill Sergeant's school for Advanced Individual Trainingat Fort Sill, OK and was promoted to SGT/E-5 as required by the Army. After 6 weeks,he received orders for reassignment to Schofield Barracks, HI. He flew to Oakland, CA,and was informed that his unit had deployed to Vietnam. He arrived in Vietnam on orabout 19 January 1968 and joined his unit, 6th Battalion, 11th Artillery Regiment,11th Infantry Brigade, Americal Division. He was informed by the Artillery Commander that there was no slot for a SGT/E-5 and he would remain in the rank/grade of SP4/E-4. It took approximately 3 months for his records to arrive in Vietnam and his rank/grade was denied again by the Commander. He was informed that his Military Occupational Specialty (MOS) was for rockets, not Howitzers and there was no slot available. He did not pursue the issue any further. 

4.The applicant's service record shows:

a.On 16 November 1966, the applicant was inducted into the Army of the UnitedStates. 

b.DA Form 20 (Enlisted Qualification Record) shows in:

(1)Item 27 (Military Education) – Artillery Drill Sergeant school, 6 weeks, 1967.

(2)Item 33 (Appointments and Reductions) –

•Private/E-1 (Permanent (P)), 16 November 1966

•Private/E-2 (P), 3 February 1967

•Private First Class (PFC)/E-3 (P), 4 April 1967

•SP4/E-4 (Temporary (T)), 25 July 1967



(3)Item 41 (Awards and Decorations) – National Defense Service Medal,Vietnam Service Medal, Drill Sergeant Badge, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 

c.The applicant served in Vietnam during the period of 3 January 1968 to31 August 1968 and he participated in four campaigns while assigned to: 

•Battery B, 6th Battalion, 11th Artillery Regiment, 11th Light Infantry Brigade

•Battery A, 6th Battalion, 11th Artillery Regiment, 11th Light Infantry Brigade

•23rd Administration Company, Americal Division



d.Unit Orders Number 34 issued by Battery C, 5th Training (Missile) Battalion, U.S.Army Training Center, Field Artillery, dated 12 September 1967, temporarily promoted the applicant to acting SGT/E-5, a Noncommissioned Officer grade, while assigned to Battery C, 5th Training Battalion (Missile), U.S. Army Transportation Corps, Field Artillery. 

e.DA Form 87 (Certificate of Training), dated 23 September 1967, certified that theapplicant completed the Artillery Drill Sergeant course. His rank/grade was listed as Corporal (CPL)/E-4. 

f.Special Orders Number 232 issued by the U.S. Army Training Center, FieldArtillery, dated 29 September 1967, awarded the applicant the Drill Sergeant Identification Badge. His rank/grade was listed as CPL/E-4. 

g.Special Orders Number 232 issued by the U.S. Army Training Center, FieldArtillery, dated 29 September 1967, withdrew MOS P13D2B (Field Artillery Rocket Crewman) and awarded the applicant MOS P13D20 (Field Artillery Specialist). His rank/grade was listed as CPL/E-4. 

h.DD Form 214, ending on 30 August 1968, show she was honorably releasedfrom active duty. The applicant's name was not visible but was handwritten on the form. 

•Items 5a (Grade, Rate or Rank) – SP4 (T) and 5b (Pay Grade) – E-4.

•Item 6 (Date of Rank) – 25 July 1967.

•Item 22a(1) (Net Service This Period) – 1 year, 9 months, and 15 days.

•Item 22b (Total Active Service) – 1 year, 9 months, and 15 days.

•Item 22c (Foreign and/or Sea Service) – 0 years, 7 months, and 26 days.

•Item 23 (Specialty Number/Title) – 13D2B (Field Artillery Rocket Crewman).

•Item 24 (Decorations, Medals, Badges, Commendations, Citations, andCampaign Ribbons Awarded or Authorized) – National Defense ServiceMedal, Vietnam Service Medal, Republic of Vietnam Campaign Medal withDevice (1960), Expert Marksmanship Qualification Badge w/Rifle Bar (M-16),Army Commendation Medal, and overseas service bar

•Item 30 (Remarks) – For Item 5a, appointed to PFC/E-3 (P) on 4 April 1967.



i.Letter Orders Number 10-1423372 issued by the Office of the Adjutant General,dated 18 October 1972, discharged the applicant from U.S. Army Reserve Control Group (Standby), effective 15 November 1972. His rank/grade was listed as SP4/E-4. 

5.The applicant provides Battery C, 5th Training (Missile) Battalion, U.S. Army TrainingCenter, Field Artillery, Subject:  Letter of Commendation, dated 16 November 1967,which commended the applicant on his performance of duty as a Trainee PlatoonSergeant from August 1967 to November 1967.

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 evidence of record shows the applicant was temporarily promoted to acting SGT/E-5 by unit orders dated 12 September 1967, while assigned to Battery C, 5th Training Battalion, U.S. Army Training Center, Field Artillery. Army policy in effect at the time did not limit the grade requirement to be placed in an acting SGT position. Therefore, it is entirely possible an enlisted Soldier served as an acting SGT while holding the rank of PFC or SP4. A temporary SGT means he was appointed to teat grade for special mission or while assigned to a particular position. Once the mission is completed or the Soldier is reassigned/separated, the enlisted Soldier reverts back to their temporary or permanent grade; SP4 in the applicant’s case. Therefore, the Board determined the information related to his rank/grade of the DD Form 214 he was issued at the time of his separation is correct. 

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

XX XX: XX DENY APPLICATION 

BOARD DETERMINATION/RECOMMENDATION: 

Except for the correction addressed in Administrative Note(s) below, the Board found 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. 


Microsoft Office Signature Line...




ADMINISTRATIVE NOTE(S):  

1.Reference the enclosed request for correction of military records from the subjectindividual to correct his DD Form 214 (Armed Forces of the United States Report ofTransfer or Discharge), for the period ending 30 August 1968, by:

a.Deleting the Vietnam Service Medal and

b.Adding the following awards:

•Vietnam Service Medal with four bronze service stars

•Republic of Vietnam Gallantry Cross with Palm Unit Citation

•Meritorious Unit Commendation

•Drill Sergeant Identification Badge



2.A review of the records listed below (enclosed) is sufficient to substantiate correctionof the DD Form 214 without action by the Board.

•DA Form 20 (Enlisted Qualification Record)

•DD Form 214

•Department of the Army General Orders (DAGO) Number 53, 22 October1970

•DAGO Number 8, dated 19 March 1974

•Army Regulation 600-8-22 (Military Awards)



3.Please correct the applicant's DD Form 214 by adding the decorations shown inparagraph 1 above and provide the applicant a copy of the corrections. Please ensurethat the corrections are recorded in the applicant's official military personnel record.


REFERENCES: 

1.Title 10, USC, section 1552(b) provides that applications for correction of militaryrecords must be filed within 3 years after discovery of the alleged error or injustice. Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so.

2.Army Regulation 635-5 (Separation Documents) then in effect, governed thepreparation of the DD Form 214. It stated that the DD Form 214 is a synopsis of theSoldier's most recent period of continuous active duty. It provided a brief, clear-cutrecord of active Army service at the time of release from active duty, retirement ordischarge. It states for item 5a (Grade, Rate or Rank) and Item 5b (Pay Grade) forEnlisted personnel, to enter the date of rank for the grade shown in Item 5a. If the date of rank is different from the date of appointment, enter the date of appointment in Item 30 (Remarks). If the grade at time of separation is not permanent, the permanent grade, date of appointment, and date of rank; if different from the date of appointment, would be entered in Item 30. 
 
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