BOARD DATE:	  3 January 2012

		DOCKET NUMBER:  AR20110012417 


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 the rank that is shown on his Bronze Star Medal certificate and citation.

2.  The applicant states he was attached to the 1st Battalion, 1st Cavalry while serving in Vietnam.  He was promoted to sergeant (SGT)/pay grade E-5 under the command of a warrant officer and placed in charge of 14 Soldiers.  The rank shown on his award documents is incorrect and should be corrected.

3.  The applicant provides copies of his award documents, three photographs, and his release from active duty (REFRAD) orders.

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 applicant's 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 applicant's 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 
19 September 1967.  He was awarded military occupational specialty (MOS) 63A1O (Automobile Maintenance Apprentice).

3.  Company B, 91st Engineer Battalion (Combat), Fort Belvoir, Virginia, Unit Orders Number 19, dated 9 February 1968, appointed the applicant to the permanent grade of private first class (PFC)/pay grade E-3.

4.  Headquarters, 723rd Maintenance Battalion, Unit Orders Number 76, dated 21 October 1968, appointed the applicant to the temporary grade of specialist four (SP4)/pay grade E-4.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* item 2 (Grade):  SP4  E-4
* item 3 (Date of Rank):  21 October 1968
* item 33 (Appointments and Reductions):  [the highest grade he was promoted to was] SP4/E-4 (temporary), 21 October 1968

6.  Headquarters, Americal Division, Special Orders Number 184, dated
3 July 1969, awarded the applicant MOS 63B2O (Wheeled Vehicle Repairman), effective 27 June 1969.  The orders show the applicant's rank was "SP4."

7.  Headquarters, Americal Division, Special Orders Number 231, dated
19 August 1969, reassigned the applicant to the U.S. Army Vietnam Returnee Detachment on 28 August 1969 for separation processing and further assignment to the U.S. Army Transfer Station, Fort Lewis, Washington.  The orders show the applicant's rank was "SP4."

8.  A DA Form 137 (Installation Clearance Record) shows in the Grade block the entry "SP4."  It also shows the applicant placed his signature on the document on 30 August 1969.

9.  Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington, Special Orders Number 244, dated 1 September 1969, show the applicant was REFRAD and transferred to the U.S. Army Reserve (USAR) Control Group.  The orders show the applicant's rank as "SGT."

10.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he entered active duty on 19 September 1967, was honorably REFRAD on 1 September 1969, and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  He completed 1 year, 11 months, and 13 days of net active service.  It also shows in:
	a.  item 5a (Grade, Rate or Rank):  "SP4 (T)";

	b.  item 5b (Pay Grade):  "E-4";

	c.  item 6 (Date of Rank):  21 October 1968; and

 	d.  item 30 (Remarks):  "Item 5a:  PFC (P) E-3, Appointed 9 February 1968."

11.  Headquarters, USAR Components Personnel and Administration Center,
St. Louis, Missouri, Letter Orders Number 08-1202626, dated 15 August 1973, honorably discharged the applicant from the USAR, effective 1 September 1973.
The orders show the applicant's rank as "SP4."

12.  A review of the applicant's military personnel records failed to reveal any evidence he was promoted or appointed to the grade of E-5.

13.  In support of his application the applicant provides the following documents:

	a.  Three photographs, date-stamped September 1969.  Two photographs are annotated indicating the applicant was wearing "SGT" (E-5) stripes.

	b.  A Bronze Star Medal certificate, dated 2 September 1969, and a citation that show the applicant was awarded the Bronze Star Medal for meritorious service in ground operations while serving in the Republic of Vietnam from September 1968 to September 1969.  Both documents show his rank was "SP4."

	c.  His REFRAD orders that show his rank was "SGT."

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.

	a.  It states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  The instructions for:
	 	(1)  item 5a, item 5b, and item 6 state:  "Self-explanatory"; and

	 	(2)  item 30:  This section will be used to complete entries too long for their respective blocks.  When used for cross-reference, the item number must precede the continued information.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was appointed to PFC (E-3) (permanent) on
9 February 1968 and appointed to SP4 (E-4) (Temporary) on 21 October 1968.
There are no orders or any other document that shows he was appointed or promoted to the rank of SGT (E-5).

2.  The documentary evidence the applicant provided in support of his claim was carefully considered.

	a.  Two of the photographs the applicant provides show him wearing "SGT" (E-5) stripes.  These photographs are not in dispute.  In fact, during the period of service under review, it was not uncommon for Soldiers with exceptional leadership skills to be temporarily detailed to higher level positions and authorized to wear the appropriate rank while "acting" in these positions.  These Soldiers were commonly referred to as "acting sergeants."

	b.  The applicant's REFRAD orders issued at the U.S. Army Personnel Center, Fort Lewis, Washington, is the only official document that shows the applicant's rank as "SGT."  It is reasonable to conclude that this error may have occurred based on the rank the applicant was wearing at the time of his separation processing at Fort Lewis, Washington.

3.  The applicant's MOS orders, reassignment orders from Vietnam, and the installation clearance record that he signed prior to his separation all show his rank as "SP4."  In addition, the applicant's DD Form 214 shows both his permanent and temporary rank and grade.  Thus, it is concluded that the rank shown on his award documents is correct.

4.  Therefore, in view of all of the foregoing, there is insufficient evidence to support the applicant's requested relief.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x___  ____x____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20110012417



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110012417



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1