Search Decisions

Decision Text

ARMY | BCMR | CY2007 | 20070017911
Original file (20070017911.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  8 MAY 2008
	DOCKET NUMBER:  AR20070017911 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



Member
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration to correct his separation document (DD Form 214) to reflect his rank as sergeant (SGT) vice specialist five (SP5).

2.  The applicant states, in effect, he has submitted documents in support of his request to reconsider correction of his military personnel records to show SGT vice SP5.

3.  The applicant provides 13 pages of documents that includes:  a Certificate of Completion for the Primary Leadership Course; separation orders; Record of Discharge, Release from Active Duty, or Death (Navy); DD Form 214; National Guard Form 22 (Report of Separation); DA Form 2166-6 (Enlisted Evaluation Report); Veteran Skills Upgrade Referral Form; Disposition Form, dated 2 March 1983; Letter of Appreciation; Certificate of Award for the Army Achievement Medal; and a Certificate of Completion for the Field Sanitation Team Training Course.

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 AR20070008098, on 14 November 2007.

2.  In the original decision the ABCMR found that the applicant was promoted to the rank of SP5 on 1 September 1983, and there were no entries in his military personnel records indicating he was promoted or laterally appointed to SGT.  His personnel records contain no orders showing he was ever promoted or laterally appointed during his active duty tenure.

3.  The applicant provided new evidence which requires that his case be reconsidered by the ABCMR.

4.  Of the 13 pages of the new evidence that the applicant submitted, the disposition form was the only document that shows he was in the grade of specialist four (SP4) when he was appointed to acting "SERGEANT" effective  
2 March 1983.  He was never promoted to the rank of SGT.

5.  Headquarters, 5th Infantry Division (Mechanized) and Fort Polk, Fort Polk, Louisiana Orders Number 162-101 dated 19 August 1983 shows the applicant was promoted from Specialist Four to Specialist Five effective 1 September  
1983 with a date of rank of 1 August 1983.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reconsideration to correct his DD Form 214 to reflect his rank as SGT vice SP5.

2.  The evidence of record and the applicant’s new evidence failed to show he was ever promoted to the rank of SGT.  He was appointed an acting sergeant which terminated when he was promoted to SP5.  Therefore, he is not entitled to correction of his DD Form 214 to show SGT. 

3.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit sufficient evidence that would satisfy this requirement.

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 AR20070008098, dated 14 November 2007.




      _________X_____________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070017911



2


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508




Similar Decisions

  • ARMY | BCMR | CY2007 | 20070008098C080407

    Original file (20070008098C080407.doc) Auto-classification: Approved

    The applicant requests, in effect, that his separation document (DD Form 214) be corrected to reflect his rank as sergeant (SGT) vice specialist five (SP5); and to show his entitlement to the Combat Action Badge (CAB) and Noncommissioned Officer Professional Development Ribbon (NCOPDR). By regulation, effective 1 August 1981, the NCOPDR is authorized for completion of the PLC. The applicant's request that his record and separation document be corrected to show his rank as SGT vice SP5 was...

  • ARMY | BCMR | CY2014 | 20140014872

    Original file (20140014872.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as sergeant (SGT) vice specialist five (SP5). Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, established the policies and provisions for lateral appointments and the appointment of acting noncommissioned officers (NCO). _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete...

  • ARMY | BCMR | CY2013 | 20130006715

    Original file (20130006715.txt) Auto-classification: Denied

    The applicant's DA Form 2-1 shows in: a. item 18 (Appointments and Reductions), that the highest grade he attained was E-5; b. item 35 (Record of Assignments), that from 10 March 1983 through 11 September 1984 he served in principal duty MOS 71N3O, Movement Control Supervisor (an E-6 position), while assigned to Headquarters and Headquarters Company, 2nd Forward Support Battalion, Fort Lewis, WA; and c. item 33 (Date) that the document was prepared on 13 October 1987, the applicant placed...

  • ARMY | BCMR | CY2012 | 20120002869

    Original file (20120002869.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The MPRJ is void of any orders or other documents listing the applicant’s rank title as SGT and his separation orders issued on 7 April 1970 list his rank as SP5 in the standard name line. However, the evidence of record confirms he held the rank title of SP5 at the time of separation, as evidenced by entries on his DA Form 20 and in all orders and documents on file in the MPRJ, including the...

  • ARMY | BCMR | CY2013 | 20130019236

    Original file (20130019236.txt) Auto-classification: Denied

    Section 1 (Appointments, Promotions, and Reductions) of his DA Form 24 (Service Record) shows he was promoted to SP5/E-5 (T) on 3 April 1964 and SP5/E-5 (P) on 3 April 1965. Army Regulation 624-200, effective 1 July 1962, section III, governed the temporary appointment of enlisted personnel of the active Army to pay grades E-4 through E-9 made against periodic temporary appointment quota allocations issued by Headquarters, Department of the Army. However, all evidence in his records...

  • ARMY | BCMR | CY2014 | 20140001611

    Original file (20140001611.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 8 October 2014 DOCKET NUMBER: AR20140001611 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides: * self-authored statements * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * two previous Army Board for Correction of Military Records (ABCMR) determinations, AR20130000641 and AC98-08428 * second page of Headquarters, 1st Cavalry Division, Special Orders Number 21, dated 21 January 1967 CONSIDERATION OF...

  • ARMY | BCMR | CY2005 | 20050002892C070206

    Original file (20050002892C070206.doc) Auto-classification: Approved

    The applicant requests that his 1971 separation document be corrected to reflect that he was discharged in the rank of sergeant (SGT) vice specialist 5 (SP5). The applicant notes that several documents, including his request for early separation, award orders, training certificate, and separation orders from the United States Army Reserve in 1974 and 1975 show his rank as SGT. The orders promoting the applicant to SP5 do not show he was serving as an acting sergeant in pay grade E-4 and...

  • ARMY | BCMR | CY2015 | 20150002315

    Original file (20150002315.txt) Auto-classification: Denied

    Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20140004147, on 6 November 2014. A review of the applicant's military personnel records failed to reveal any orders or other record that shows he was promoted or laterally appointed to the rank of SGT (E-5). Records show the applicant was appointed to the temporary rank/grade of SP5/E-5 on 19 January 1969.

  • ARMY | BCMR | CY2009 | 20090004578

    Original file (20090004578.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 29 October 2009 DOCKET NUMBER: AR20090004578 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Orders show the applicant was promoted to SGT and there is no evidence which shows he was laterally appointed to SP5 prior to his separation from active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 5a of the applicant's DD Form 214 to show his rank as SGT.

  • ARMY | BCMR | CY2015 | 20150000285

    Original file (20150000285.txt) Auto-classification: Denied

    These orders indicate this promotion was temporary; however, his DA Form 20 shows this promotion was made permanent on 23 September 1969, under the authority of Army Regulation 600-200, paragraph 7-22a. An individual could not be promoted to SGT or staff sergeant if the promotion would cause a surplus of by-grade authorized NCO personnel in the unit to which the individual was assigned. There are no orders promoting him to the rank of SGT in his records.