IN THE CASE OF: 

		BOARD DATE: 2 August 2023

		DOCKET NUMBER: AR20230000515


APPLICANT REQUESTS:  in effect, promotion to the rank/grade of 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 (Armed Forces of the United States Report of Transfer or 
Discharge), 15 January 1972

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, in effect, he is requesting an "increase" in rank for service in 
Vietnam. He was told his rank would increase post deployment.        

3.  A review of the applicant's military records show the following:

	a.  On 13 August 1970, he was inducted into the Army of the United States. 

	b.  DA Form 20 (Enlisted Qualification Record), item 31 (Foreign Service) shows he 
served in Vietnam from on or about 29 March 1971 to 28 March 1972.

	c.  Special Orders Number 184 published by Headquarters, 101st Airborne 
(Airmobile), appointed/promoted the applicant to the rank/grade of specialist four 
(SP4)/E-4, effective 9 June 1971. 

	d.  Special Orders Number 15 published by Headquarters, U.S. Army Personnel 
Center, Fort Lewis, WA, relieved the applicant from active duty not by reason of 
physical disability and transferred him to the U.S. Army Reserve (USAR) Control Group 
(Annual Training), effective 15 January 1972. The orders list his rank as SP4.
 
	e.  On 15 January 1972, he was honorably released from active duty and transferred 
to the USAR Control Group (Annual Training). DD Form 214 item 5a (Grade, Rate or 
Rank) shows SP4. 

4.  The applicant's record was void of promotion orders to SGT/E-5 and/or documents 
indicating his rank would "increase" for service in Vietnam (post deployment).         


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 record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation. Upon review of the applicant’s petition and available military records, the
Board determined the applicant’s record is absent evidence that shows he was 
promoted to SGT/E-5 prior to his discharge.  Based on regulatory guidance, promotion 
to SGT/E-5 are announced with official orders. However, the Board determined the 
applicant's service record did not reflect he was awarded the Army Good Conduct 
Medal (1st award) and his record shows he received "excellent" conduct and efficiency 
ratings throughout his service for the period of 13 August 1970 to 15 January 1972. 
Based on this the Board granted partial relief for correction of the applicant’s record to 
show award of the Army Good Conduct Medal.

2.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction is completed to more accurately depict 
the military service of the applicant.


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 exemplary service from 13 August 
1970 to 15 January 1972 and adding the medal to his DD Form 214 for the period 
ending 15 January 1972.

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 promotion to the rank/grade of sergeant (SGT)/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.


ADMINISTRATIVE NOTE(S):  

A review of the applicant’s records shows he is authorized additional awards not 
annotated on his DD Form 214 for the period ending 15 January 1972.  As a result, 
amend his DD Form 214 by adding

*	Vietnam Counteroffensive Phase VII
*	Consolidation I
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation

Delete- Vietnam Service Medal
   Add – Vietnam Service Medal w/ 2 bronze stars


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) 15–185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR. 
In pertinent part, it states that 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. The ABCMR will decide cases 
based on the evidence of record. The ABCMR is not an investigative agency.

3.  AR 600-200 (Enlisted Personnel Management System) in effect at the time states in 
paragraph 7-3 the authority to promote to pay grades E-5 and E-6 resides with 
commanders of any organization which is authorized a commander in the grade of 
lieutenant colonel or higher. Paragraph 7-4 states promotion of enlisted personnel to 
pay grades E-3 through E-9 will be announced in routine orders.

4.  AR 635-5 (Personnel Separations – Separation Documents) in effect at the time 
prescribes the separation documents that will be furnished to each individual who is 
separated from the Army. In pertinent part, the specific instructions for item 5a (Grade, 
Rate or Rank) state to enter grade in which serving at time of separation.    

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230000515


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1