IN THE CASE OF: BOARD DATE: 30 August 2023 DOCKET NUMBER: AR20230000399 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * The Purple Heart * His rank/grade as sergeant (SGT)/E-5 vice specialist four (SP4)/E-4 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * General Orders Number 197, 16 September 1969, Purple Heart * Unit Orders Number 85, Appointment to Acting Noncommissioned Officer (NCO) 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 due to errors or miscommunication, the award and grade were not added to his DD Form 214. 3. The applicant’s service record are not available for review. An exhaustive search was conducted to locate his records which are necessary for the adjudication of his case, but they could not be found. However, the applicant provides a DD Form 214 which is sufficient to conduct a fair and impartial review of his case. 4. The applicant’s DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 21 January 1969. He held military occupational specialty (MOS) 11B, Light Weapons Infantryman. 5. He served in the U.S. Army Pacific and/or Vietnam for 4 months and 16 days, from 16 June 1969 to 31 October 1969. He was assigned to C Company, 1st Battalion, 20th Infantry, 11th Infantry Brigade. 6. He was wounded in action on 7 September 1969. Accordingly, General Orders Number 197, issued by Headquarters, 27th Surgical Hospital on 16 September 1969, awarded him the Purple Heart for wounds received in action on 7 September 1969. 7. It appears upon leaving Vietnam, he was assigned to Company C, 2nd Battalion, 11th Infantry, Fort Carson, CO. 8. On 7 October 1970, Company C, 2nd Battalion, 11th Infantry, Fort Carson published United Orders Number 85 appointing him to the Acting NCO Grade of Sergeant, in accordance with paragraph 7-10a of Army Regulation (AR) 600-200 (Enlisted Personnel Management System). 7. The applicant was honorably released from active duty on 20 January 1971 due to expiration of term of service, after completing 2 years of active service with 4 months and 16 days of foreign service. It also shows his rank/grade as SP4/E-4 with a date of rank as 16 April 1970. His DD Form 214 shows in Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Vietnam Service Medal with 1 bronze service star * Republic of Vietnam Campaign Medal with 1960 Device * Combat Infantryman Badge 7. By regulation (AR 600-200), Paragraph 7-11 stated that company and detachment commanders could appoint acting SGTs to fill position vacancies existing in their units. Acting NCOs could wear either the regular insignia of grade permanently affixed to the sleeve or acting NCO brassards. Acting NCOs were not entitled to pay and allowances of such higher grades and service as an acting NCO would not be credited as time in a higher grade for appointment or date of rank purposes. An acting NCO's status would be terminated for one of several reasons, including upon separation or reassignment to another unit. 8. Department of the Army General Orders Number 42, dated 1972, awarded the 1st Battalion, 20th Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 24 August to 31 December 1969. ? BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's (former service member) record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulations. Upon review of the applicant’s petition and available military records the Board determined there was sufficient evidence to grant award of the Purple Heart. Evidence in the record show the applicant was wounded in action on 7 September 1969. Orders Number 197, issued by Headquarters, 27th Surgical Hospital on 16 September 1969, awarded him the Purple Heart for wounds received in action on 7 September 1969. The Board noted, the applicant’s unit was awarded Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 24 August to 31 December 1969. 2. Additionally, the Board determined the applicant’s record was absent award of the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period 21 January 1969 to 20 January 1971. However, the Board determined the applicant’s record is absent evidence that shows he was promoted to sergeant (SGT)/E-5 prior to his discharge. The Board agreed the applicant at the time of his release from active duty, the record showed the entry " specialist four (SP4)/E-4. The Board agreed the request for relief has no merit as the available evidence does not support the applicant was ever promoted to the rank of sergeant (SGT)/E-5. Therefore, the Board granted partial relief. 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 amending the applicant’s DD Form 214 for the period ending 20 January 1971 by adding the * Purple Heart * Republic of Vietnam Gallantry Cross with Palm Unit Citation and awarding him the * Army Good Conduct Medal (1st Award) for exemplary service from 21 January 1969 to 20 January 1971 and adding the medal to his DD Form 214 for the period ending 12 August 1968 2. The Board further determined 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 correction of his record to reflect his rank/grade as sergeant (SGT)/E-5 vice specialist four (SP4)/E-4. 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, 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 600-200 (Enlisted Personnel Management System) at the time, chapter 7 provided policy and procedures governing the promotion and reduction of enlisted Soldiers. Paragraph 7-11 stated that company and detachment commanders could appoint acting SGTs to fill position vacancies existing in their units. Acting NCOs could wear either the regular insignia of grade permanently affixed to the sleeve or acting NCO brassards. Acting NCOs were not entitled to pay and allowances of such higher grades and service as an acting NCO would not be credited as time in a higher grade for appointment or date of rank purposes. An acting NCO's status would be terminated for one of several reasons, including upon reassignment to another unit. 3. 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. An Acting SGT is an acting SGT only for the period of time he was assigned to the unit that appointed him to that acting grade. The temporary appointment to acting SGT would have terminated upon a Soldier’s exit from the unit that appointed him to the acting grade. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230000399 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1