IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100029894
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 for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank and pay grade as sergeant/E-5.
2. The applicant states he was promoted to sergeant/E-5 prior to his discharge.
3. The applicant provides a copy of:
* Congressional correspondence
* his DD Form 214
* a photograph of a Soldier wearing sergeant/E-5 rank
* his Standard Form (SF) 89 (Report of Medical History)
* a DA Form 24 (Service Record)
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 AR20100012185, on 19 October 2010.
2. The applicant has provided Congressional correspondence, an SF 89, and a DA Form 24 which were not previously reviewed by the ABCMR. This is considered new evidence and as such warrants consideration by the Board.
3. The applicant enlisted in the Regular Army on 5 June 1962 and was honorably released from active duty on 4 June 1965. Upon separation, the applicant was transferred to the U.S. Army Reserve Control Group (Reinforcement), XII U.S. Army Corps. Records show the highest rank/grade he attained while serving on active duty was specialist four/E-4.
4. The applicant's DA Form 24 shows he was promoted to specialist four/E-4 (P) with a date of rank of 18 October 1964.
5. The applicant's record does not contain orders which promoted him to the rank of sergeant/E-5.
6. The applicant's record contains a copy of DA Form 41 (Record of Emergency Data) dated 18 February 1965, item 5 (Grade and Pay Grade) which shows he completed the form and indicated his rank was "SGT E5."
7. The applicant provided a copy of his SF 89, dated 13 April 1965, item 2 (Grade and Component or Position) which shows he listed his rank as "A/SGT E-5."
8. The applicant's record contains an original 3AA Form (Statement of Medical Condition) and DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement), dated 4 June 1965, which shows the applicant's pay grade as E-4. Both forms were completed by the applicant and authenticated by the applicant.
9. The applicant's record contains an original DA Form 603 (Army Reserve Change of Address Report), dated 7 September 1965, item 1 (Name, Address, Service No., Grade, Branch) which shows he completed this form and indicated his rank was "SP/4 E-4." This form was completed by the applicant and authenticated by the applicant's signature.
10. Army Regulation 635-5 (Separation Documents) is the authority for preparing the DD Form 214. The regulation then in effect states, in pertinent part, for item 6a and b (Grade and Pay Grade). Enter grade and pay grade at time of separation.
11. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed the policies, responsibilities and procedures pertaining to the career management of Army enlisted personnel. Chapter 7 provided the policies and procedures for promotion and reduction of enlisted
personnel. Paragraph 7-10 contained guidance on appointment of acting noncommissioned officers (NCOs). It stated, in pertinent part, that unit commanders could appoint qualified individuals as acting corporals and acting sergeants to fill unit vacancies. It further specified that acting NCOs were not entitled to pay and allowances for such higher grades and that service would not be credited as time in a higher grade for promotion or date of rank purposes.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his DD Form 214 to show his rank and pay grade as sergeant/E-5 has been carefully considered; however, there is insufficient evidence to support this request.
2. The applicant's record contains original documentation which was completed and authenticated by the applicant immediately prior to separation which listed his rank as specialist four/E-4. Additionally, 3 months after the applicant was separated he continued to list his rank and pay grade as specialist four/E-4 while in the U.S. Army Reserve Control Group.
3. The applicant's SF 89, dated 13 April 1965, shows his rank as "A/SGT." The applicant may have been appointed an acting SGT. However, there is no evidence or promotion order in the applicant's military records indicating he was promoted to sergeant/E-5 and he has not provided sufficient evidence to support his contention. Therefore, the rank and pay grade reflected on his DD Form 214 should not be changed.
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 AR20100012185, dated 19 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) AR20100029894
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100029894
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110025228
Special Orders Number 120, dated 30 April 1969, show he was promoted to the temporary grade of SSG. Items 5a and 5b, enter the rank/grade in which a member was serving at the time of separation with an indication if permanent or temporary; for example "SSG (T) (Staff Sergeant, Temporary), SGT (P)." However, Army regulations allow Soldiers serving in a temporary grade at the time of separation to have that temporary grade entered on the DD Form 214.
ARMY | BCMR | CY2014 | 20140012463
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * item 5a (Grade, Rate, or Rank) SGT(P) (indicating sergeant permanent) * item 22c (Foreign and/or Sea Service) "01 01 23" (indicating 1 year, 1 month, and 23 days) * item 23a (Specialty Number and Title) 76Y4S ("4" indicating skill level and "S" indicating the special qualification identifier (SQI) for Special Forces (SF)) 2. His DA Form 20 shows in: a....
ARMY | BCMR | CY2013 | 20130006573
The applicant requests the following corrections of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge): * Item 5a (Grade, Rate, or Rank) to show the rank of sergeant (SGT) * Item 5b (Pay Grade) to show E-5 * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) to show the Purple Heart and Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. This pamphlet shows his unit, 1st Battalion, 20th...
ARMY | BCMR | CY2005 | 20050004402C070206
The applicant's military service record shows that he enlisted in the U.S. Army on 27 January 1965. However, the applicant's Official Military Personnel File (OMPF) was reviewed and found to contain documentation relating to the applicant's U.S. Army enlistment and separation medical examinations, which are, in pertinent part, discussed below. The evidence of record shows that there is only one (dated) entry on each SF 600 by the doctor in question (i.e., on 24 March 1965 and 17 June 1965).
ARMY | BCMR | CY2004 | 20040000555C070208
The applicant’s Personnel Qualification Record (PQR), DA Form 2-1 shows, in Item 18 (Appointments and Reductions), that the applicant was promoted to the rank of SSG/E-6 on 24 October 1968. The applicant’s DA Form 2-1 shows he completed his high school GED sometime in 1972, but the MPRJ contains no indication he was again recommended for promotion to SSG/E-6 subsequent to completing this requirement, or that he was ever promoted to SSG/E-6 by proper authority prior to his separation from...
ARMY | BCMR | CY2014 | 20140000694
The applicant requests correction of the records of his deceased father, a former service member (FSM), to show he retired in the rank/pay grade of master sergeant (MSG)/E-8. These orders show the FSM's rank as M/Sgt and pay grade as E-7. The evidence of record clearly shows the FSM was promoted to the rank of M/Sgt in pay grade E-7 effective 11 September 1956.
ARMY | BCMR | CY2014 | 20140000694
The applicant requests correction of the records of his deceased father, a former service member (FSM), to show he retired in the rank/pay grade of master sergeant (MSG)/E-8. These orders show the FSM's rank as M/Sgt and pay grade as E-7. The evidence of record clearly shows the FSM was promoted to the rank of M/Sgt in pay grade E-7 effective 11 September 1956.
ARMY | BCMR | CY2011 | 20110017431
Special Orders Number 263, issued by the same headquarters, dated 21 November 1969, promoted him to the temporary rank/grade of sergeant (SGT)/E-5. Item 33 (Appointments and Reductions) of his DA Form 20 shows the following entries: RANK/GRADE DATE OF RANK Private (PV1)/E-1 (P) 9 September 1968 PV2/E-2 (P) 4 January 1969 PFC/E-3 (P) 24 February 1969 SP4/E-4 (T) 5 November 1969 SGT/E-5 (T) 21 November 1969 10. Item 5a and b of this form shows his rank/grade was SGT/E-5 at the time of his...
ARMY | BCMR | CY2004 | 2004105603C070208
The applicant requests, in effect, that he be awarded the Purple Heart and Combat Infantryman Badge for his service in Vietnam. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the units the applicant was assigned to were awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 17 September 1965 through June 1972, by Department of...
ARMY | DRB | CY2005 | 20050008798
He requests his records be corrected to show he was promoted to SGT/E-5, and that he be granted a medical retirement based on his wounds. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders, or other documents that indicate the applicant was promoted to SGT/E-5 by proper authority while he was serving on active duty. Although the applicant’s active duty service was commendable, and the sacrifices he made for his country were significant, absent any evidence...