IN THE CASE OF:	   

		BOARD DATE:	  13 March 2012

		DOCKET NUMBER:  AR20110017431 


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 first class (SFC)/E-7.

2.  The applicant states he was a senior demolition sergeant assigned to Detachment A, 46th Special Forces Company, and that his rank should have been SFC.  He further states his records indicate he should have been a SFC.

3.  The applicant provides page three of his DA Form 20 (Enlisted Qualification Record).

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 enlisted in the Regular Army on 30 September 1968 for a period of 3 years.  He completed training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and later 12B (Combat Engineer).

3.  Unit Orders Number 10, issued by Company A, 4th Battalion, 3rd Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Lewis, WA, dated 24 February 1969, advanced him to the permanent (P) rank/grade of private first class (PFC)/E-3.

4.  Special Orders Number 249, issued by Headquarters, U.S. Army, John F. Kennedy Center for Military Assistance, Fort Bragg, NC, dated 5 November 1969, advanced him to the temporary (T) rank/grade of specialist four (SP4)/E-4.

5.  Special Orders Number 256, issued by the same headquarters, dated
14 November 1969, awarded him primary MOS 12B3P and secondary MOS 11B2P.

6.  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.

7.  Special Orders Number 267, issued by the same headquarters, dated
25 November 1969, awarded special qualification identifier "S," indicating Special Forces qualified.  This order also redesignated his MOS as 12B4S.

8.  He was assigned to various stateside assignments and he served a tour of duty in Vietnam with the 46th Special Forces (SF) Company from 10 November 1970 to 21 September 1971.

9.  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 38 (Record of Assignments) of his DA Form 20 list his last principal duty, on 17 May 1971, as "SF Engineer SGT (E-7)."

11.  His records do not contain official orders promoting him to staff sergeant (SSG)/E-6 or to SFC/E-7.

12.  His DD Form 214 shows he was honorably released from active duty on 
22 September 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 5a and b of this form shows his rank/grade was SGT/E-5 at the time of his separation and his date of rank as 21 November 1969.

13.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, provided for the temporary promotion of enlisted personnel of the Active Army to pay grades E-4 through E-6, made against periodic temporary promotion quota allocations.  The temporary appointment of a Regular Army enlisted Soldier automatically becomes permanent on the date of completion of specific time in grade and time service requirements.  Permanent promotion to pay grade E-5, during the period in question, required 1 year time in grade and
6 years time in service.  This regulation further states in:

	a.  Paragraph 7-2 (Authority to promote) that the promotion authority for assigned personnel for promotion to pay grades E-7, E-8, and E-9 is delegated to commanders of organizations authorized a commander in the rank of colonel or higher.  For separate detachments, companies, or battalions, the promotion authority will be retained at the next senior headquarters within the chain of command which is authorized a commander in the rank of colonel or higher.

	b.  paragraph 7-3 (Orders) that temporary advancement/promotion of enlisted personnel to all grades above E-3, permanent promotions, lateral appointments, and grade reductions will be announced in orders.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  Chapter 2 contains the guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Enlisted Qualification Record or any other document authorized for filing in the Military Personnel Records Jacket (MPRJ) or Official Military Personnel File (OMPF).


15.  Army Regulation 635-5 further states that item 5a and b would reflect the individual’s rank/grade at time of separation and that if the rank/grade at the time of separation was not the permanent grade, the permanent rank/grade, date of appointment, and date of rank, if different from date of appointment, would be entered in item 30 (remarks).

DISCUSSION AND CONCLUSIONS:

1.  At the time of the applicant's service the regulations allowed for the temporary advancement/promotion of active duty enlisted personnel to pay grades E-4 through E-6.  These advancements/promotions were made against periodic temporary promotion quota allocations.  The temporary appointments became permanent on the date of completion of specific time in grade and time service requirements.  It appears he met these requirements for the rank/grade of SGT/E-5 because this grade and rank are reflected on his DD Form 214. 

2.  The regulation also states that temporary advancement/promotion of enlisted personnel to all grades above E-3, permanent promotions, lateral appointments, and grade reductions will be announced in orders.  His record does not contain orders promoting him above the grade/rank of SGT/E-5.

3.  Item 38 of his DA Form 20 list his last principal duty on 17 May 1971 as
"SF Engineer SGT (E-7)."  This entry is referencing his duty position, not his rank/grade.  This entry indicates he was filling an SFC/E-7 position; however, holding the position does not entitle him to the associated grade/rank of SFC/E-7.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20110017431



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ABCMR Record of Proceedings (cont)                                         AR20110017431



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