IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100027423
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, in effect, correction of his records to show he was promoted to the rank of sergeant (SGT)/E-5.
2. The applicant states he never received his E-5 stripes.
3. The applicant provides his 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. The applicant's records show he was inducted into the Army of the United States on 19 February 1969 in the rank/grade of private/E-1 and he held military occupational specialty 94B (Cook).
3. Upon successful completion of advanced individual training, he earned an accelerated promotion to the rank/grade of private/E-2 effective 19 June 1969 in accordance with paragraph 7-19 of Army Regulation 600-200 (Enlisted Personnel Management System).
4. Headquarters and Headquarters Company (HHC), Lawson Army Aviation Command, Fort Benning, GA, Unit Orders Number 37, dated 24 July 1969, promoted him to the rank/grade of private first class/E-3.
5. HHC, Lawson Army Aviation Command, Fort Benning, GA, Unit Orders Number 49, dated 26 September 1969, promoted him to the rank/grade of specialist four (SP4)/E-4.
6. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows the highest rank/grade he held while serving on active duty was that of SP4/E-4.
7. He served in the Republic of Vietnam from 31 December 1969 to 14 August 1970 while assigned to 2nd Battalion, 8th Infantry.
8. Headquarters, XVIII Airborne Corps Special Orders Number 32, dated 17 February 1971, relieved him from active duty effective 18 February 1971. His rank is shown as SP4.
9. His records contain a DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration), dated 18 February 1971, that shows his rank/grade as SP4/E-4. He authenticated this form by placing his signature in the appropriate block.
10. On 18 February 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation. Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) of his DD Form 214 shows the entries "SP4" and "E-4" respectively.
11. There are no orders in the applicant's record that show he was promoted to SGT/E-5.
12. Army Regulation 600-200, in effect at the time, stated the promotion of enlisted personnel to grades E-3 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders. Field grade commanders in the rank of lieutenant colonel or higher could promote to E-5.
DISCUSSION AND CONCLUSIONS:
The available evidence shows that at the time of discharge, on 18 February 1971, the applicant held the rank of SP4/E-4. His record is void of any promotion orders to SGT/E-5 and item 33 of his DA Form 20 does not show he held the rank of SGT/E-5. Therefore, he is not entitled to the 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 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) AR20100027423
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100027423
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140016452
SO Number 13, issued by D Troop, 7th Squadron, 17th Cavalry Regiment on 14 February 1969 appointed him to the temporary (T) rank/grade of SP4/E-4 effective 14 February 1969. The evidence of record shows the applicant was advanced to SGT/E-5 on 21 May 1968. The evidence of record shows that at the time of his separation, on 22 August 1969, the applicant held the rank/pay grade of SP4 (T)/E-4.
ARMY | BCMR | CY2014 | 20140015843
Just as his superior officer promised, the applicant never received a promotion to SGT/E-5, but all of the other Soldiers were promoted to the next rank. On 6 April 1968, shortly after his arrival in Vietnam, Headquarters, 199th Infantry Brigade (Sep) (Light) published Special Orders Number 97 appointing him to private first class (PFC)/E-3 effective 6 April 1968. DISCUSSION AND CONCLUSIONS: The available evidence is insufficient to correct the applicant's DD Form 214 to show he was...
ARMY | BCMR | CY2012 | 20120006094
The applicant states effective 18 April 1961, at the request of his company commander, he served as a SGT/E-5, training SGT until his release from active duty on 6 July 1961. The evidence of record shows at the time the applicant was separated, on 6 July 1961, he held the rank of SP4/E-4 (T). The evidence of record does not show and he has not provided any evidence that shows he was promoted to SGT/E-5 prior to his separation.
ARMY | BCMR | CY2010 | 20100028075
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 a sergeant (SGT)/E-5 * award of the Combat Infantryman Badge (CIB) 2. On 8 June 1971, Headquarters, 4th Infantry Division (Mechanized) published Special Orders Number 159 ordering his release from active duty effective 11 June 1971. Army Regulation 600-8-22 (Military Awards) provides for award of the CIB.
ARMY | BCMR | CY2011 | 20110001043
Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 21, dated 21 January 1971, relieved him from active duty effective 21 January 1971. There are no orders in the applicant's record that show he was promoted to SGT/E-5. His record is void of any promotion orders to SGT/E-5 and item 33 of his DA Form 20 does not show he held the rank of SGT/E-5.
ARMY | BCMR | CY2009 | 20090018797
The applicant provides a copy of his DD Form 214, dated 8 February 1972; copies of Special Orders Number 87, 136, and 229, issued by Headquarters, 3d Brigade (Separate), 1st Cavalry Division (Airmobile), on 5 July 1971, 23 August 1971, and 24 November 1971, respectively; a copy of the 229th Assault Helicopter Battalion Promotion Standing List, dated 30 November 1971; a copy of Special Orders Number 39, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, on 8 February 1972;...
ARMY | BCMR | CY2010 | 20100013353
There are no special orders in the applicant's record that show he was promoted to SGT/E-5. In addition, promotions of enlisted personnel to grades E-3 through E-9 were announced in routine orders. ___________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.
ARMY | BCMR | CY2011 | 20110002820
It also shows he was promoted to SP4 on 6 December 1968, the highest rank he attained while serving on active duty and he held this rank until he was reduced to PFC for misconduct on 22 August 1969. The evidence of record also confirms the applicant was granted de facto status during the period he erroneously held the rank of SGT from 5 November 1970 to 22 November 1972. Based on the applicant's erroneous promotion to SGT and lacking evidence to corroborate the applicant's claim he did not...
ARMY | BCMR | CY2015 | 20150001749
The applicant requests correction of his DD Form 214 (Report of Separation or Discharge from Active Duty) to show he was discharged in the rank/grade of sergeant (SGT)/E-5 vice private (PV2)/E-2. It states items 6a and 6b will show the active duty rank and pay grade at the time of the Soldier's separation. There is no evidence in his records and he provides none that shows he was promoted beyond the rank/grade of PV2/E2 from the date he was reduced to the lowest enlisted grade to the date...
ARMY | BCMR | CY2010 | 20100029248
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he held the rank/grade of sergeant (SGT)/pay grade E-5 instead of specialist four (SP4)/pay grade E-4 at the time of release from active duty. The applicant states, in effect, he appeared before a board to be considered for promotion to SGT/E-5 and it was granted; however, his DD Form 214 shows he was discharged in the rank/grade of SP4/E-4. His record contains no evidence and he has failed...