IN THE CASE OF: BOARD DATE: 21 June 2011 DOCKET NUMBER: AR20100029894 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank and pay grade as sergeant/E-5. 2. The applicant states he was promoted to sergeant/E-5 prior to his discharge. 3. The applicant provides a copy of: * Congressional correspondence * his DD Form 214 * a photograph of a Soldier wearing sergeant/E-5 rank * his Standard Form (SF) 89 (Report of Medical History) * a DA Form 24 (Service Record) CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100012185, on 19 October 2010. 2. The applicant has provided Congressional correspondence, an SF 89, and a DA Form 24 which were not previously reviewed by the ABCMR. This is considered new evidence and as such warrants consideration by the Board. 3. The applicant enlisted in the Regular Army on 5 June 1962 and was honorably released from active duty on 4 June 1965. Upon separation, the applicant was transferred to the U.S. Army Reserve Control Group (Reinforcement), XII U.S. Army Corps. Records show the highest rank/grade he attained while serving on active duty was specialist four/E-4. 4. The applicant's DA Form 24 shows he was promoted to specialist four/E-4 (P) with a date of rank of 18 October 1964. 5. The applicant's record does not contain orders which promoted him to the rank of sergeant/E-5. 6. The applicant's record contains a copy of DA Form 41 (Record of Emergency Data) dated 18 February 1965, item 5 (Grade and Pay Grade) which shows he completed the form and indicated his rank was "SGT E5." 7. The applicant provided a copy of his SF 89, dated 13 April 1965, item 2 (Grade and Component or Position) which shows he listed his rank as "A/SGT E-5." 8. The applicant's record contains an original 3AA Form (Statement of Medical Condition) and DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement), dated 4 June 1965, which shows the applicant's pay grade as E-4. Both forms were completed by the applicant and authenticated by the applicant. 9. The applicant's record contains an original DA Form 603 (Army Reserve Change of Address Report), dated 7 September 1965, item 1 (Name, Address, Service No., Grade, Branch) which shows he completed this form and indicated his rank was "SP/4 E-4." This form was completed by the applicant and authenticated by the applicant's signature. 10. Army Regulation 635-5 (Separation Documents) is the authority for preparing the DD Form 214. The regulation then in effect states, in pertinent part, for item 6a and b (Grade and Pay Grade). Enter grade and pay grade at time of separation. 11. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed the policies, responsibilities and procedures pertaining to the career management of Army enlisted personnel. Chapter 7 provided the policies and procedures for promotion and reduction of enlisted personnel. Paragraph 7-10 contained guidance on appointment of acting noncommissioned officers (NCOs). It stated, in pertinent part, that unit commanders could appoint qualified individuals as acting corporals and acting sergeants to fill unit vacancies. It further specified that acting NCOs were not entitled to pay and allowances for such higher grades and that service would not be credited as time in a higher grade for promotion or date of rank purposes. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to correct his DD Form 214 to show his rank and pay grade as sergeant/E-5 has been carefully considered; however, there is insufficient evidence to support this request. 2. The applicant's record contains original documentation which was completed and authenticated by the applicant immediately prior to separation which listed his rank as specialist four/E-4. Additionally, 3 months after the applicant was separated he continued to list his rank and pay grade as specialist four/E-4 while in the U.S. Army Reserve Control Group. 3. The applicant's SF 89, dated 13 April 1965, shows his rank as "A/SGT." The applicant may have been appointed an acting SGT. However, there is no evidence or promotion order in the applicant's military records indicating he was promoted to sergeant/E-5 and he has not provided sufficient evidence to support his contention. Therefore, the rank and pay grade reflected on his DD Form 214 should not be changed. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100012185, dated 19 October 2010. _______ _ __X_____ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20100029894 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100029894 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1