IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100012787 


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 to correct 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.

2.  The applicant states he was assigned duties as a Drill Sergeant on 29 July 1969; thus, he was a SGT from that date to his date of discharge on
17 December 1969.  He adds his military pay records will confirm his rank as SGT.

3.  The applicant provides:

* a copy of his DA Form 20 (Enlisted Qualification Record) showing in Item 38 (Record of Assignments) that his principal duty on 29 July 1969 was "Drill Sergeant"
* a copy of an Army Commendation Medal Certificate showing he was a specialist four (SP4)/E-4 on 1 June 1969

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 AR20090014638, on 23 February 2010.


2.  The applicant's DA Form 20 is not new evidence as it was considered during the original proceedings.  However, the Army Commendation Medal Certificate is new evidence requiring consideration by the Board.  Additionally, the applicant's contention his pay records will prove his rank is a new argument which also requires consideration by the Board.

3.  The applicant served in the Army of the United States from 4 January 1968 to 17 December 1969.  Item 33 (Appointments and Reductions) of his DA Form 20 shows his appointments as follows:

* private (PV1)/E-1, effective 4 January 1968, by authority of Army Regulation 601-270
* private (PVT)/E-2, effective 4 May 1968, by authority of Army Regulation 600-200
* private first class (PFC)/E-3, effective 29 June 1968, by authority of Special Orders (SO) Number 181, Headquarters (HQ), 4th Infantry Division
* SP4 (T[emporary]), effective 20 June 1969, by authority of SO Number 30, HQ, 4th Infantry Division
* SP4 (P[ermanent]) (USAR), effective 18 December 1969, by authority of Army Regulation 140-158

4.  The applicant provided an Army Commendation Medal Certificate, dated 1 June 1969, that shows his rank as "SPECIALIST FOUR."  The award was for meritorious service in Vietnam from June 1968 to June 1969.

5.  On 29 July 1969, following his reassignment from Vietnam, the applicant was assigned to C Company, 1st Battalion, 3rd Basic Combat Training Brigade, Fort Dix, where he performed duties as a Drill Sergeant.  On 17 December 1969, the applicant was honorably released from active duty by reason of expiration of term of service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

6.  Item 5a (Grade, Rate or Rank) of the applicant's DD Form 214 shows the rank of SP4 (T) and item 5b (Pay Grade) shows the pay grade of E-4.  Item 6 (Date of Rank) shows the entry "20 Jun 69."

7.  There are no orders in the applicant's records that show he was promoted to the rank of SGT.  His military pay records are no longer available.

8.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, governed policy and criteria concerning promotion to pay grades E-4 through E-6.  Promotion quota allocations were required.  It stated that promotion authority to promote to pay grade of E-4 was delegated to company, troop, battery, and separate detachment commanders.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized preparation of the DD Form 214.  It states, that item 5a (Grade, Rate or Rank) and 5b (Pay Grade) will be completed to show the active duty grade or rank and pay grade at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests reconsideration to have his rank changed to SGT on his DD Form 214.

2.  The applicant provided an Army Commendation Medal Certificate, dated
1 June 1969, showing his rank as SP4.  This is at variance with his DA Form 20 which shows he was advanced to temporary rank of SP4 on 20 June 1969.  However, the entry on his DA Form 20 is supported by the annotation "SO #30 HQ 4th Inf Div."  This lends greater credence to his actual date of rank to SP4 being 20 June 1969.

3.  The applicant argues he was paid as a SGT and his pay records will prove this.  Unfortunately, his pay records no longer exist.

4.  During the Vietnam era, many Soldiers returning to stateside duty were placed in leadership positions in basic and advanced individual training commands.  Theses Soldiers were made "Acting Sergeants" and permitted to wear the appropriate rank in order to discharge their duties; however, they were not actually sergeants and not paid as such.  It is highly likely the applicant, because of his excellent record and military bearing, was appointed as an "Acting Sergeant" and an assistant Drill Sergeant without actually being promoted to that rank

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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 AR20090014638, dated 23 February 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)                                         AR20100012787



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ABCMR Record of Proceedings (cont)                                         AR20100012787



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