BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100012336
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as sergeant (SGT)/E-5 and his date of induction as 25 April 1965.
2. The applicant states a Field Commissioner along with General Westmoreland flew to his work location in South Vietnam and promoted him to SGT/E-5. Further, he contends the DD Form 62 (Statement of Acceptability), dated 19 April 1965, which found him "not acceptable" for induction is incorrect because in 1966 he attended basic training at Fort Benning, GA and he was subsequently transferred with Company A, 35th Engineer Battalion to the Republic of Vietnam.
3. The applicant provides the following:
* DD Form 62, dated 19 April 1965
* Basic Training Photograph
* 35th Engineer Battalion History
* International Certificates of Vaccination
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. A DD Form 62, dated 19 April 1965, as provided by the applicant, indicates he was found unacceptable for induction under the then current standards.
3. The applicant's records contain the following documents:
a. DD Form 47 (Record of Induction) indicates that he had been previously examined and found unacceptable during pre-induction. He was examined on
17 September 1968, found acceptable, and inducted the following day;
b. USAREC Form 180 (Acknowledgement of Service Obligation) signed by the applicant shows he acknowledged his induction on 18 September 1968;
c. Armed Forces Examining and Entrance Station Special Orders Number 185, dated 18 September 1968, immediately assigned him to the U.S. Army Reception Station, Fort Benning, Georgia; and
d. DA 20 (Enlisted Qualification Record), initiated on 24 September 1968, was last reviewed by him on 18 April 1970. This form indicates in Item 11 (Enlisted, Inducted, Reenlisted, Extended, and/or Ordered to Active Duty) he was inducted into the Army of the United States on 18 September 1968 for 2 years.
4. His records show he served in the Republic of Vietnam from on or about
13 February 1969 to 21 April 1970 with Company A, 35th Engineer Battalion (Combat).
5. Company A, 35th Engineer Battalion (Combat), Unit Orders Number 40, and item 33 (Appointments and Reductions) of his DA Form 20, show he was appointed to the temporary grade of SP4/E-4 effective 20 June 1969.
6. His records show he was honorably released from active duty on 24 April 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training). Items 5a and 5b of the DD Form 214 show the entries "SP4" and "E-4" respectively.
7. The applicant's available records do not contain any documentary evidence showing he was promoted to SGT/E-5.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It directed entry of the date of induction in Item 10c.
9. Army Regulation 600-200, as in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. It stated commanders may appoint qualified Soldiers as acting sergeants/E-5 to serve in vacant positions in their units at their present or higher grade and acting noncommissioned officers are not entitled to pay and allowances for such higher grades. In addition, it stated the promotion of enlisted personnel was announced in routine orders.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he was inducted on 24 April 1965 and was a SGT/E-5.
2. The DD Form 62 provided by the applicant simply shows that in 1965 he was found unacceptable for induction. The evidence of record clearly shows he was subsequently inducted on 17 September 1968.
3. The evidence of record shows at the time of separation on 24 April 1970, he held the rank/grade of SP4/E-4. His record is void of any documentation indicating he had been promoted to SGT/E-5 and/or held such rank at the time of his release from active duty.
4. In view of the foregoing, his request should be denied.
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 for correction of the records of the individual concerned.
_______ _ _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) AR20100012336
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ABCMR Record of Proceedings (cont) AR20100012336
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