IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110000510
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 instead of specialist four (SP4)/E-4.
2. The applicant states he was an "MSO gun carrier" in Vietnam and he put his life on the line. All of his friends who were "MSO gun carriers" received the rank/grade of SGT/E-5. He should have also received the rank/grade of
SGT/E-5 before departing Vietnam.
3. The applicant provides a copy of his DD Form 214.
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 was inducted into the Army of the United States on 5 February 1968 for a period of 2 years. He completed Basic Combat Training (BCT) at Fort Knox, KY and Advanced Individual Training (AIT) at Fort Polk, LA. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant served in Vietnam from 15 July 1968 to 11 July 1969 with Company B, 4th Battalion, 9th Infantry Regiment, 171st Infantry Brigade,
25th Infantry Division.
4. Following his tour in Vietnam, the applicant was reassigned to Fort Benning, GA for duty with Company A, 5th Battalion, 31st Infantry. He was honorably released from active duty on 6 February 1970. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 1 year, 11 months, and 29 days of total active service.
5. The applicant's DD Form 214 shows:
* in Blocks 5a and 5b the entry SP4 and E-4
* in Block 6 (Date of Rank) the entry 12 January 1969
6. Item 33 of his DA Form 20 (Enlisted Qualification Record) shows the following appointments and reductions:
* PVT/E-1 on 5 February 1968
* PV2/E-2 on 12 April 1968 [accelerated promotion]
* PFC/E-3 on 20 July 1968
* SP4/E-4 on 12 January 1969
All of these promotions are verified by promotion orders in the applicant's record. There are no promotion orders in the applicant's record promoting him to SGT/
E-5.
7. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel, to include promotions. Chapter 7 contained the Army-wide promotion policy. It provided:
* Soldiers were required to meet time-in-service (TIS) and time-in-grade (TIG) requirements for promotion; E-5 was 36 months TIS and 8 months TIG as an E-4
* Soldiers in grade E-4 were required to appear in person before a local
E-5 promotion selection board
* Soldiers were assigned promotion points and placed on a promotion list
* Headquarters, Department of the Army (HQDA) established promotion cut-off scores by MOS and grade; if the Soldier on the promotion list achieved the cut-off score, he/she would be promoted
* field grade commanders of any organization authorized a commander in the grade of lieutenant colonel or higher were authorized to promote assigned personnel to pay grades E-5
* promotion of enlisted personnel to grade E-3 through E-9 would be announced in routine orders
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his DD Form 214 be corrected to show he was a SGT.
2. In order to be promoted, the applicant would have had to achieve TIS and TIG requirements, he would have had to appear before a local promotion board to be recommended for promotion and given a promotion score, and he would have had to meet or exceed an HQDA promotion cut-off score for his MOS. There is no indication the applicant ever appeared before a promotion board for E-5 or had his name placed on a valid promotion standing list.
3. Although there are orders advancing him through the ranks to E-4, there are no orders for promotion to E-5 in his record.
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) AR20110000510
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ABCMR Record of Proceedings (cont) AR20110000510
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