IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130002226
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 items 5a (Grade, Rate, or Rank), 5b (Pay Grade), and 6 (Date of Rank (DOR)) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* his grade/rate/rank, pay grade, and DOR are incorrect
* Item 5a should be corrected to show sergeant (SGT)
* Item 5b should be corrected to show pay grade E-5
* Item 6 should be corrected to show his DOR as 20 July 1969
3. The applicant provides:
* Promotion orders
* DD Form 214
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 25 January 1968. He served as a light weapons infantryman in Vietnam from August 1968 to August 1969.
3. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was:
* appointed to E-3 (P) effective 4 August 1968
* appointed to E-4 (T) effective 11 November 1968
4. Special Orders 213, dated 1 August 1969, show he was promoted to the temporary grade of SGT effective 9 July 1969.
5. On 23 January 1970, he was honorably released from active duty.
6. His DD Form 214 shows in:
* Item 5a - the entry "SP4" (specialist four)
* Item 5b - the entry "E4"
* Item 6 - the entry "11 Nov 68" (11 November 1968)
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation, in effect at the time provided that for Item 5a, enlisted personnel would enter the grade in which serving at time of separation, indicating whether permanent or temporary. Example: "MSG (master sergeant) (P)" or "MSG (T)."
DISCUSSION AND CONCLUSIONS:
Special Orders 213 which show the applicant was promoted to the temporary grade of SGT/pay grade E-5 effective 9 July 1969 are accepted as sufficient evidence on which to base amending items 5a, 5b, and 6 of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting the entry in item 5a of his DD Form 214 and replacing it with the entry "SGT (T)";
b. deleting the entry in item 5b of his DD Form 214 and replacing it with the entry "E-5"; and
c. deleting the entry in item 6 of his DD Form 214 and replacing it with the entry "9 Jul 69."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 6 of his
DD Form 214 to show his DOR as 20 July 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) AR20130002226
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130002226
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150000285
These orders indicate this promotion was temporary; however, his DA Form 20 shows this promotion was made permanent on 23 September 1969, under the authority of Army Regulation 600-200, paragraph 7-22a. An individual could not be promoted to SGT or staff sergeant if the promotion would cause a surplus of by-grade authorized NCO personnel in the unit to which the individual was assigned. There are no orders promoting him to the rank of SGT in his records.
ARMY | BCMR | CY2011 | 20110001834
Application for correction of military records (with supporting documents provided, if any). The temporary appointment of a Regular Army enlisted Soldier automatically becomes permanent on the date of completion of the specific time in grade (TIG) and time in service (TIS) requirements, and are reflected as: a. (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...
ARMY | BCMR | CY2008 | 20080001545
Application for correction of military records (with supporting documents provided, if any). The evidence of record shows that, prior to his discharge from active duty, the applicant was appointed/promoted to the temporary rank/grade of SP5/E-5, effective 16 July 1969. The evidence of record further shows that the applicant served in the Republic of Vietnam, which fell under the USARPAC Theater of Operations, for a period of 7 months and 18 days, which is correctly shown on his DD Form...
ARMY | BCMR | CY2013 | 20130000641
Application for correction of military records (with supporting documents provided, if any). The applicant contends his DD Form 214 should be corrected to show he was separated in the rank of SGT/E-5 because he assumed an NCOIC position and the individual he replaced held the rank of SGT. There is no evidence of record that shows the applicant was appointed or promoted to the rank of SGT/E-5.
ARMY | BCMR | CY2011 | 20110006018
On 4 April 1969, the U.S. Army Field Artillery Center, Fort Sill, OK, published Special Orders Number 94 ordering his separation from the Regular Army, effective 25 April 1969. (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 is used to complete entries too long for their respective blocks and/or as a cross-reference. However, on 19 March...
ARMY | BCMR | CY2010 | 20100009492
The applicant provides the following documents: * a copy of his DD Form 214 for the period ending 26 February 1968 * a copy of Special Orders Number 13, dated 16 January 1968 CONSIDERATION OF EVIDENCE: 1. (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 is used to complete entries too long for their respective blocks and/or as a...
ARMY | BCMR | CY2011 | 20110004328
The applicant requests correction of item 5a (Grade, Rate or Rank), item 5b (Pay Grade), and item 6 (Date of Rank) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). As a result, the available evidence which shows he was serving in the rank of SP4 on 20 March 1970, the date of his misconduct, is accepted as sufficient evidence with which to amend items 5a, 5b, and 6 of his DD Form 214 to show his rank/pay grade as SP4/E-4 and DOR as 20 March 1970 at a...
ARMY | BCMR | CY2008 | 20080001091
The applicant requests, in effect, that his rank in Item 5a (Grade, Rate or Rank) of his separation document (DD Form 214) be corrected to show SGT because his rank was E-5 when he separated from the Army. Army Retirees and Veterans who terminated their service prior to October 1, 2002, and who request previously approved awards, such as requests for orders, certificates, and medal sets must submit their requests to the National Personnel Records Center (NPRC) in St. Louis, Missouri. The...
ARMY | BCMR | CY2011 | 20110013031
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by amending the following items to show: * Item 5a (Grade, Rate or Rank) - specialist six (SP6) * Item 5b (Pay Grade) - E-6 * Item 6 (Date of Rank (DOR)) - 30 April 1969 * Item 25 (Education and Training Completed) - Military Occupational Specialty (MOS) 94B (Cook), 8 Weeks, 1967" 2. It also provided for the temporary promotion of enlisted personnel of the Active...
ARMY | BCMR | CY2011 | 20110023196
His DA Form 2962 (Security Termination Statement and Debriefing Certificate), dated 20 September 1967; DA Form 137 (Installation Clearance Record), dated September 1967; and U.S. Army Accessions Command Form 170 (Army Reserve Personnel Data Review), dated 26 March 1968; all show his grade of SP4/E-4 lined through and entered by hand as SGT/E-5. The applicant requests his rank be corrected to show SGT on his DD Form 214. Therefore, the DA Form 2496 which shows he was recommended for...