IN THE CASE OF: BOARD DATE: 6 December 2023 DOCKET NUMBER: AR20230006080 APPLICANT REQUESTS: in effect, promotion to the rank/grade of staff sergeant (SSG)/E-6 with applicable back pay and allowances. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment Contract – Armed Forces of the United States), 30 September 1971 * assignment page of DA Form 2-1 (Personnel Qualification Record) * DD Form 214 (Report of Separation from Active Duty) service ending 25 September 1975 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 requests a promotion to the rank/grade of SSG/E-6 with the Date of Rank (DOR) of 6 February 1974 and equivalent back pay and allowances. He was promoted to sergeant (SGT)/E-5 on 29 September 1971 while he was assigned to Headquarters (HQs), Military Assistance Command, Vietnam (MACV) following his graduation from Army Student Company, Fitzsimons General Hospital Denver, CO. He accepted a direct assignment to U.S. Army Europe, 30th Field Hospital, Augsburg, Germany, where he was assigned during the period of 6 February 1974 through 12 September 1975. His duty position was a Medical Equipment Repairman an E-6 position; however, he never received his promotion to SSG/E-6 while he was serving overseas. 3. A review of the applicant's service record shows: a. The applicant enlisted in the Regular Army (RA) on 28 June 1968 to serve in Military Occupational Specialty (MOS) 71U (Clerk Typist). b. DA Form 20 (Enlisted Qualification Record) shows in: * Item 2 (Grade) – Specialist Five (SP5) * Item 3 (DOR) – 1 June 1971 * Item 8 (Duty MOS): 35G3O (Biomedical Equipment Repairman) * Item 16 (Service Dates) – Basic Active Service Date – 28 June 1968 and Pay Entry Basic Date – 12 March 1968 * Item 22 (MOS) – 35G2O – Medical Equipment Repairman * Item 27 (Military Education) shows medical equipment repairman Fitzsimons General Hospital, 1973 * Item 31 (Foreign Service) –Germany during the period of 4 February 1974 through 15 September 1975 * Item 38 (Record of Assignments) – assigned on 6 February 1974 to 30th Field Hospital, Germany as a Medical Equipment Repairman with the duty MOS 35G3O c. DA Form 2-1 shows in: * Item 6 (Primary MOS) – 35G2O * Item 5 (Overseas Service) - applicant served in Germany during the period of 4 February 1974 through 15 December 1975 * Item 18 (Appointments and Reductions) – applicant was promoted to the rank of SP5/E5 with a DOR of 1 June 1971 * Item 35 (Record of Assignments): * assigned on 6 February 1974 to 30th Field Hospital, Germany as a Medical Equipment Repairman with the duty MOS 35G3O * the applicant was enroute to the continental United States on 12 September 1975 d. On 29 September 1971, the applicant was honorably discharged from active duty for an immediate reenlistment. DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant completed 3-years, 3-months and 2-days of active service. It also shows in: * Item 5a (Grade, Rate or Rank): SGT * Item 5b (Pay Grade): E-5 * Item 6 (Date of Rank): 1 June 1971 e. On 30 September 1971, the applicant reenlisted in the RA in the rank/grade of SGT/E-5. f. On 27 June 1975, the applicant obtained the time in service of 7-years (84-months). g. On 25 September 1975, Special Orders Number 268, issued by HQs, U.S. Army Training Center and Fort Dix, the applicant was relieved from active duty and assigned to the U.S. Army Reserve (USAR), effective 25 September 1975 in the rank/grade of SP5/E-5. h. On 25 September 1975, the applicant was honorably released from active duty and assigned to the 343rd Evacuation Hospital USAR, Brooklyn, NY. DD Form 214 shows the applicant completed 3-years, 11-months and 26-days of active service. It also shows in: * Item 6a: SP5 * Item 6b: E-5 * Item 7 (DOR): 1 June 1971 * Item 16a (Primary Specialty): 35G2O (Biomedical Equipment Repairer) BOARD DISCUSSION: 1. 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 and available military records, the Board determined the applicant’s record is absent orders that show he was promoted to SSG/E-6 prior to his discharge. The Board noted the applicant worked in an E-6 slot but found no evidence the applicant went before a board for promotion selection. Based on regulatory guidance, promotion to SSG/E-6 are announced with official orders. 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 staff sergeant. Therefore, the Board denied relief. 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 : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X 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. 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): 1. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 (Report of Separation from Active Duty) for the period ending September 25, 1975, by: a. Delete: Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * Vietnam Service Medal * Vietnam Campaign Medal b. Add: Item 26: * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with 1960 Device * Three Overseas Service Bars 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) service ending September 29, 1971 * DD Form 214 service ending September 25, 1975 * DA Form 20 (Enlisted Qualification Record) * DA Form 2-1 (Personnel Qualification Record) * Army Regulation 600-8-22 (Military Awards) 3. Please correct the applicant's DD Form 214 by amending it as shown in paragraph 1a and b above. Provide the applicant a copy of the corrections, and as applicable the medals. Please ensure that 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 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) 600-200 (Enlisted Personnel Management System) in effect at the time, prescribe policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. a. Paragraph 2-26b, for other than the initial entry/trainee, there is a direct relationship between grade and skill level in primary MOS as indicated below. Under no circumstances will Soldiers possess a skill level in PMOS other than that specified below. Grade Skill Level E-1 through E-4 1 E-5 2 E-6 3 E-7 4 E-8 through E-9 5 c. Upon promotion/reduction, Soldier will be awarded the skill level appropriate to grade to which promoted/reduced. b. Paragraph 7-4, promotion of enlisted personnel to grade E-3 through E-9, appointments, grade reductions, and grade restorations will be announced in routine orders. c. Paragraph 7-15a (Time in grade (TIG) and time in service (TIS)), Computation of time in service for promotion consideration will be computed as of the end of the month in which the promotion actions are to be accomplished. Complete the following time in grade and time in service: for promotion to pay grade E-6, TIG – 10-months in E-5 and TIG for primary zone 84-months and secondary zone 6-months. d. Paragraph 7-19.1 (Service obligation), a precondition for promotion, service obligation is established as 3-months for promotion to pay grade E-5 and 12-months for promotion to E-6. Waivers will not be granted. e. Paragraph 7-52b (Casual groups), Commanders issuing movement orders for causal groups may appoint individuals as acting noncommissioned officers in grades of corporal, E-4, sergeant, E-5, and staff sergeant, E-6, to exercise supervision and control during movements. d. (Pay and benefits), acting noncommissioned officers are not entitled to pay and allowances for such higher grades, and services will not be credited as time in a higher grade for promotion or date-of-rank purposes. 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 the preparation of DD Form 214, including DA Form 20, and orders. Item 5a/6a; enter grade in which serving at the time of separation. Item 5b/6b; enter pay grade. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230006080 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1