IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20110025228 


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 earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was separated in the rank/grade of staff sergeant (SSG)/E6.  

2.  The applicant states he was promoted to SSG at Fort Knox, KY, before he went to Vietnam, on 30 April 1969.  

3.  The applicant provides:

* Special Orders Number 120, dated 30 April 1969
* Four congratulatory letters
* Standard Form (SF) 89 (Report of Medical History), dated 5 July 1969
* SF 88 (Report of Medical Examination), dated 5 July 1969
* Memorandum, medical clearance for flying, dated 5 July 1969
* Special Orders Number 301, dated 28 October 1969
* DD Form 214 
* Self-authored statement

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 AR 20100028465, on 23 June 2011.
2.  The applicant submitted an SF 89, an SF 88, a medical clearance for flying, and Special Orders Number 301.  This evidence was not previously considered.  Therefore, it is considered new evidence and as such warrants consideration by the Board.  

3.  The applicant was inducted into the Army of the United States on 9 July 1968 and held the military occupational specialty 11D (Armor Reconnaissance Specialist).  

4.  Special Orders Number 120, dated 30 April 1969, show he was promoted to the temporary grade of SSG. 

5.  The applicant provided four letters from his chain of command congratulating him on his promotion to SSG.

6.  He provided an SF 89 and an SF 88, and a memorandum of medical clearance for flying, dated 5 July 1969, as evidence in this case.  All three documents list his rank as SSG.

7.  He provided Special Orders Number 301, issued by Headquarters, 101st Airborne Division (Airmobile), on 28 October 1969.  These orders list his rank as SSG.

8.  He was honorably released from active duty on 21 June 1970, in the rank/grade of sergeant (SGT)/E-5.  His DD Form 214 shows he completed 1 year, 11 months, and 13 days net active service, of which, 11 months and 28 days listed as foreign service.  His DD Form 214 also shows in:

* item 5a (Grade) the entry "SGT"
* item 5b (Pay Grade) the entry "E-5"
* item 6 (Date of Rank) the entry "20 March 1969"

9.  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.  Chapter 7 contained Army-wide promotion policy and procedures.  Promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in routine orders.  

10.  Army Regulation 600-200 also states the temporary promotion of enlisted personnel of the Active Army to pay grades E-4 through E-7 is 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-6, during the period in question, required 2 years time in grade and 9 years time in service. 

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  It stated for:

	a.  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)."

	b.  Item 6, enter the date of rank for the grade shown in item 5a. 

		(1)  If the date of rank is different from the date of appointment, enter the date of appointment in item 30 (Remarks).

		(2)  If the grade at the time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment will be entered in item 30.

	c.  Item 30, used this section to complete entries too long for their respective blocks and/or as a cross-reference.  An entry is made in item 30 with respect to the grade as follows: 

		(1)  If the date of appointment is different from the date shown in item 6, enter date of appointment as follows:  Item 6 - Date of Appointment 15 August 1955.

		(2)  If the grade shown in item 5 is not permanent, enter the permanent grade, date of appointment, and date of rank if different from date of appointment, as follows, "Item 5 - SGT (P) (E-5), Appointed 1 August 1988" or Item 5 - SSG (T), Appointed 13 September 1958, date of rank 1 August 1958."

DISCUSSION AND CONCLUSIONS:

1.  The applicant essentially contends that his promotion to SSG was permanent and therefore, his DD Form 214 should be corrected to show his rank/grade as SSG/E-6.

2.  His promotion orders clearly state that his promotion to SSG was a temporary promotion.  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.  Therefore he is entitled to correction of his DD Form 214 to show his grade/rank as SSG (T) and his date of appointment as 30 April 1969.

BOARD VOTE:

__X_____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20100028465, dated 23 June 2011.  As a result, the Board recommends the DD Form 214 of the individual concerned be corrected by: 

* deleting from item 5a the entry "SGT" and adding "SSG (T)"
* deleting from item 5b the entry "E-5" and adding "E-6"
* deleting from item 6 the entry "20 March 1969" and adding "30 April 1969"
* adding to item 30 the entries:

* "Item 6 - Date of Appointment 30 April 1969"
* "Item 5 - SGT (P) (E-5), date of rank 20 March 1969"



      _______ _   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)                                         AR20110025228





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ABCMR Record of Proceedings (cont)                                         AR20110025228



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