IN THE CASE OF:
BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120006010
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 his rank be changed to sergeant/E-5 on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* He made temporary E-5 and promised permanent E-5 by his company commander after a field exercise
* The company commander never followed through
* he was an excellent Soldier
3. The applicant provides:
* Honorable Discharge Certificate
* Photographs of a Soldier, uniform patch, and medal
* Appointment orders, dated 31 March 1967
* Discharge orders
* Orders for the Expert Badge with Rifle and 1st Class Gunner Badge
* Period Ten Scorecard
* Article from the 48th Infantry Band G's Epitaph
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 7 October 1966. He served as a light weapons infantryman in Germany and he was honorably released from active duty on 18 September 1968 in the temporary rank/grade of specialist four (SP4)/E-4. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.
3. His DD Form 214 shows in:
* Item 5a (Grade, Rate or Rank) the entry "SP4 (T) (temporary) SEE (item) 30"
* Item 5b (Pay Grade) the entry "E4"
* Item 6 (Date of Rank) the entry "10 APR (April) (19)68"
* Item 30 (Remarks) the entry "Item 5A DATE OF APT (appointment) PFC (P) (permanent) E-3 31 MAR (March) (19)67"
4. Unit orders, dated 8 August 1968, show he was appointed to the temporary grade of acting sergeant/E-5 by his company commander.
5. Item 33 (Appointments and Reductions) of his DA Form 20 shows he was:
* appointed to E-3 (P) effective 31 March 1967
* appointed to appointed to E-4 (T) effective 10 April 1968
* appointed to acting sergeant E-5 (T) effective 8 August 1968
6. There is no evidence of record which shows he was recommended for promotion to E-5 by a promotion selection board and placed on a recommended promotion list prior to his release from active duty on 18 September 1968.
7. Army Regulation 600-200 (Enlisted Promotions and Reductions), in effect at the time, stated recommendation by a promotion selection board and placement on a permanent recommended promotion list was required for all promotions to sergeant and staff sergeant. It also stated the promotion authority for these ranks was a field grade commander.
DISCUSSION AND CONCLUSIONS:
The applicant's contention he made temporary E-5 and was promised permanent E-5 by his company commander was noted. However, an acting order is not a promotion order. Since there is no evidence of record which shows he was recommended for promotion to E-5 by a promotion selection board and placed on a recommended promotion list prior to his release from active duty on
18 September 1968, there is insufficient evidence on which to grant his request to change his rank to E-5 on his DD Form 214.
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) AR20120006010
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ABCMR Record of Proceedings (cont) AR20120006010
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