IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20100029351 


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 the Army Board for Correction of Military Records (ABCMR) decision denying a change to his rank and pay grade to sergeant/pay grade E-5 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 27 April 1971.

2.  The applicant states he was told by his unit commander in Qui Nhon it was necessary to be a sergeant "hard stripe" noncommissioned officer (NCO) to be in charge of the warehouse and Soldiers and local nationalists.  He states he was promoted to sergeant/pay grade E-5 and told the pay would come when the colonel came to Long Mi Depot.  The colonel never came because of the constant danger of the area.  He was a sergeant and performed all NCO duties.

3.  He states he was reassigned to the security guard company effective 
15 February 1971 as a sergeant and he was the military policeman (MP) in charge of convoys to in-country rest and recreation (R&R) areas.

4.  The applicant provides no additional evidence in support of his request. 

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 AR20100013353, on 26 October 2010.
2.  He contends he was promoted to sergeant/pay grade E-5 and performed all NCO duties.   He contends he was reassigned to the security guard company as a sergeant and he was the MP in charge of convoys to in-country R&R.  His contentions are new argument that requires reconsideration of his case.

3.  He was inducted into the Army of the United States on 18 August 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 76V (Equipment Storage Specialist).

4.  His DA Form 20 (Enlisted Qualification Record) shows his record of promotions as follows:

* private E-1 - 18 August 1969
* private E-2 - 17 October 1969
* private first class/pay grade E-3 - 20 January 1970
* specialist four/pay grade E-4 - 23 January 1970

5.  On 11 June 1970, he was assigned to the U.S. Army Depot (USAD) at Qui Nhon, the Republic of Vietnam.  

6.  On 20 November 1970, the Commander, Company A, Troop Command, USAD, Qui Nhon appointed the applicant an acting NCO in the grade of sergeant E-5.

7.  On 7 February 1971, his commander recommended him for promotion to sergeant/pay grade E-5.  The commander stated he met all requirements for promotion with exception of needing a 4 month waiver for time in service.

8.  On 15 February 1971, he was reassigned to the Security Guard Company, Troop Command, USAD as a specialist four/pay grade E-4.

9.  On 23 April 1971, he was returned to the continental U.S. and on 27 April 1971 he was released from active duty.  Item 5a (Grade, Rate or Rank) of his 
DD Form 214 shows his rank as specialist four and item 5b (Pay Grade) shows his pay grade as E-4.

10.  There are no orders in his Military Personnel Records Jacket (MPRJ) terminating his status as an acting sergeant.

11.  There are no orders in his MPRJ promoting him to sergeant.


12.  Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, stated that company, troop, battery, and separate detachment commanders may appoint qualified individuals as acting corporals/E-4 and acting sergeants/E-5 to serve in position vacancies existing in their units, including those resulting from the temporary absence of an assigned noncommissioned officer (NCO).  Acting NCO's were not entitled to pay and allowances of such higher grades and service as an acting NCO was not to be credited as time in a higher grade for promotion or date of rank purposes.

13.  Appointment of acting NCO's and termination of such status will be announced in orders issued by the appointing authority.  Acting NCO status will be terminated:

* at the discretion of the unit commander who made the appointment
* upon reassignment to another unit
* upon assignment of a regularly-promoted NCO to the position
* when casual groups reach their destination

14.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation stated that the active duty grade or rank and pay grade at the time of separation was entered in item 5a and item 5b of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  He was promoted to acting sergeant E-5 by the commander of Company A, Troop Command, USAD.  Although there are no orders terminating this appointment it was terminated upon his reassignment to the Security Guard Company.

2.  His commander in Company A recommended him for promotion to sergeant/pay grade E-5; however, he also noted he needed a 4 month waiver for time in service.  There are no orders promoting him to sergeant/pay grade E-5.

3.  In view of the above, he was serving as a specialist four/pay grade E-4 at the time of his separation.  Therefore, the entries in items 5a and 5b of his DD Form 214 are correct.  There is no basis for changing his rank and pay grade on his DD Form 214.


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 AR20100013353, dated 26 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)                                         AR20100029351



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ABCMR Record of Proceedings (cont)                                         AR20100029351



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