IN THE CASE OF: BOARD DATE: 13 December 2023 DOCKET NUMBER: AR20230005155 APPLICANT REQUESTS: promotion to Specialist Five (SP5)/E-5. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Recommendation for Promotion, 1 October 1966 * DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge), 12 November 1966 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 that he was submitted for promotion to SP5 on 1 October 1966, however this was never made official nor reflected on his DD Form 214. 3. A review of the applicant's available service records reflects the following: a. On 2 February 1965, the applicant was inducted into the Army of the United States to serve as a 71B (Clerk Typist). b. On or about 8 July 1965, the applicant was reassigned to the Republic of Vietnam. c. DA Form 20 (Enlisted Qualification Record), item 33 (Appointments and Reductions) shows the applicant was promoted to the rank/grade of private first class (PFC)/E-3 (Permanent) on 18 September 1965 under the authority of Unit Orders Number 10. d. On or about 18 March 1966, the applicant was advanced in grade to specialist four (SP4)/E-4 (Temporary) under the authority of Unit Orders Number 12 issued by Headquarters and Headquarters Company, 12th Aviation Group. e. On or about 11 November 1966, the applicant was reassigned to the U.S. pending releasing from active duty. f. On 12 November 1966, Headquarters, U.S. Army Personnel Center issued Orders Number 316 releasing the applicant from active duty and reassigning him to the U.S. Army Reserve (USAR) Control Group (Annual Training), effective 12 November 1966. g. DD Form 214, ending 12 November 1966, shows the applicant was honorably released from active duty and transferred to the USAR Control Group (Annual Training). Item 3a. (Grade, Rate or Rank) reflects "SP4 E-4 (T)"; item 3b. (Date of Rank) reflects "18 March 1966" and item 32 (Remarks) shows "item 3A – PFC E-3 appointed 18 September 1965." h. On 27 January 1971, the Office of the Adjutant General, issued Letter Orders Number 01-1011744 honorably discharging the applicant at the rank of SP4/E-4 from the USAR, effective 1 February 1971. 4. The applicant provides a Recommendation for Promotion letter reflective of the applicant being recommended for promotion to SP5 by his Aviation Safety Officer. 5. A review of the applicant's available service records is void of evidence of the applicant's promotion to SP5. 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 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 available military records, the Board determined his record is absent evidence that shows he was promoted to SGT/E-5 prior to his discharge. The Board noted the applicant’s recommendation for promotion letter by his Aviation Safety Officer, however based on regulatory guidance, promotion to SGT/E-5 are announced with official orders. The Board found no indication the applicant was ever promoted, just recommended. 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 SP5. Therefore, the Board denied relief.? 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: 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 600-200 (Enlisted Personnel Management System), then in effect, prescribed the policies and procedures for the promotion and reduction of enlisted Soldiers. Paragraph 7-4 states promotion of enlisted personnel to grade E-3 through E-9, appointments, grade reductions, and grade restorations will be announced in routine orders. For promotion to E-5 a member needed 8 months time in grade as an E-4, and 36 months (primary zone) and 24 months (secondary zone) for time in service. 3. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that will be furnished each individual who is separated from the Army. All available records will be used as a basis for preparation of DD Form 214 to include DA Form 20. Item 3a, enter the grade in which serving at the time of separation indicating whether permanent or temporary. If the grade at the time of separation is not permanent, the permanent grade, date of rank, if different from the date of appointment, will be entered into item 32. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230005155 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1