IN THE CASE OF:
BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120007638
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 record be corrected to show his rank title as sergeant (SGT).
2. The applicant states he earned SGT stripes and he was not a specialist five (SP5).
3. The applicant provides no documentary evidence in support of his application.
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 applicants record shows he enlisted in the Regular Army on 15 April 1969, and he was trained in and awarded military occupational specialty (MOS) 13A (Field Artillery).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he was promoted to SP5/E-5 on 23 October 1970 in item 33 (Appointments and Reductions). Item 33 contains no entry indicating the applicant was subsequently laterally appointed as a SGT. The applicant last audited the
DA Form 20 on 6 April 1970.
4. The Military Personnel Records Jacket (MPRJ) contains Headquarters, U.S. Army Personnel Center, Fort Lewis, Washington Special Orders Number 304, dated 31 October 1970. These orders directed the applicants release from active duty (REFRAD) on 31 October 1970. These orders list the applicants rank title as SP5 in the standard name line (SNL). There are no orders or other documents in the MPRJ that indicate the applicant held the rank title SGT.
5. On 31 October 1970, the applicant was honorably REFRAD after completing 1 year, 6 months, and 17 days of active military service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued to him at that time lists his rank title as SP5 in item 5a (Grade, Rate or Rank).
6. Army Regulation 635-5 (Separation Documents) contains the policy for preparation of the DD Form 214. The version of the regulation in effect at the time of the applicants discharge identified the DA Form 20 as the primary record source for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to change the rank title on his record and DD Form 214 to SGT has been carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence of record confirms the applicant was promoted to SP5 on
23 October 1970, as evidenced by an entry in item 33 of the DA Form 20. Further, there are no orders or other documents in the MPRJ that indicate the applicant was subsequently laterally appointed to SGT during the remainder of his active duty tenure. As a result, there is an insufficient evidentiary basis to support granting the 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) AR20120007638
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120007638
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120002869
Application for correction of military records (with supporting documents provided, if any). The MPRJ is void of any orders or other documents listing the applicants rank title as SGT and his separation orders issued on 7 April 1970 list his rank as SP5 in the standard name line. However, the evidence of record confirms he held the rank title of SP5 at the time of separation, as evidenced by entries on his DA Form 20 and in all orders and documents on file in the MPRJ, including the...
ARMY | BCMR | CY2003 | 2003085230C070212
The evidence of record contains a properly constituted DD Form 214 that lists the applicant’s rank at separation as SP4. In view of the facts in this case, the Board must presume government regularity in the preparation of the applicant’s separation document, which includes the rank of SP4 listed therein. Thus, the Board concludes that there is insufficient evidence to support granting the requested relief in this case.
ARMY | BCMR | CY2010 | 20100007795
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show a temporary duty (TDY) assignment in Vietnam. Item 33 (Appointments and Reductions) of the applicant's DA Form 20 shows he was appointed to the temporary rank of SP5, effective 13 December 1968. Although he provided unit orders which show he was appointed as an acting NCO to the grade of SGT on 11 July 1969, the entry in item 33 of his DA Form 20 shows his appointed grade to SGT was lined out.
ARMY | BCMR | CY2010 | 20100011324
There is no evidence of record to show that the applicant was promoted to the rank of SSG prior to 5 September 1972 and the applicant provides insufficient evidence to show differently. His DD Form 214 shows he separated as an SP5; however, the MOS shown on his DD Form 214 is 13B4O. His DD Form 214 should be corrected to show his rank as SGT.
ARMY | BCMR | CY2012 | 20120001082
His DA Form 2 (Personnel Qualification Record), dated 15 January 1979, also lists his rank title as SP5 in item 9 (Grade). As a result, it would be appropriate to award the applicant the AGCM for his qualifying honorable active service from 22 August 1975 through 21 August 1978, and add this award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal for...
ARMY | BCMR | CY2015 | 20150002315
Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20140004147, on 6 November 2014. A review of the applicant's military personnel records failed to reveal any orders or other record that shows he was promoted or laterally appointed to the rank of SGT (E-5). Records show the applicant was appointed to the temporary rank/grade of SP5/E-5 on 19 January 1969.
ARMY | BCMR | CY2010 | 20100009937
IN THE CASE OF: BOARD DATE: 9 September 2010 DOCKET NUMBER: AR20100009937 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicants record also contains the following documents prepared during his separation processing, all dated 29 May 1970, that list his rank and pay grade as SP5/E-5: * DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement) * DA Form 1811 (Physical and Mental...
ARMY | BCMR | CY2009 | 20090008548
The applicant requests, in effect, that his record be corrected to show he held the rank of sergeant (SGT) at the time of his release from active duty (REFRAD). It informed the applicant that the order he provided was not a promotion order and that the rank listed on the order could have been an error. He further indicated that no record was found to show he was ever promoted to SGT and that his records showed at the time of his REFRAD on 3 October 1969 and at the time of his discharge...
ARMY | BCMR | CY2004 | 20040000253C070208
The applicant provides a copy of acting SGT appointment orders, aircraft crewman award orders and separation orders in support of his application. The applicant’s Military Personnel Records Jacket (MPRJ) contains no orders or documents indicating that the applicant was ever selected for or promoted to the rank and pay grade of SGT/E-5 by proper authority. He further submits a copy of Special Orders Number 217, dated 5 August 1970, issued by Headquarters, United States Army Personnel...
ARMY | BCMR | CY2011 | 20110001935
The applicant requests correction of his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM) (2nd Award) and his grade as sergeant (SGT)/E-5 in two separate applications, 2. The evidence of record also shows that based on his RVN service and campaign participation, the applicant is entitled to the VUA, RVN Gallantry Cross with Palm Unit Citation, and four bronze service stars with his VSM. Absent any...