Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130004954
Original file (20130004954.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  31 December 2013

		DOCKET NUMBER:  AR20130004954 


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 that his records be corrected to show that he was promoted to the rank of sergeant (SGT).

2.  The applicant states that on 8 April 1969 he was awarded the Bronze Star Medal (BSM) and was field promoted to the rank of SGT because he was a squad leader in a leadership position; however, he never received any orders.  He goes on to state that he did not pursue the matter at the time because he was just happy to get out of Vietnam alive.  He now desires to be recognized for what he earned.

3.  The applicant provides copies of documents from his official records.

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 on 5 December 1967.  He completed his basic training at Fort Lewis, Washington and his advanced individual training as an infantry indirect fire crewman at Fort Polk, Louisiana before being transferred to Vietnam on 15 May 1968. 

3.  He was assigned to Company C, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division.  He was advanced to the pay grade of E-3 on 20 May 1968 and to the pay grade of E-4 on 28 October 1968.

4.  On 8 April 1969, he was awarded the BSM for meritorious service during the period May 1968 to May 1969.

5.  On 16 April 1969, orders were published directing the applicant’s reassignment to Fort Carson, Colorado in the pay grade of E-4.

6.  The applicant departed Vietnam on 12 May 1969 and arrived at Fort Carson on 18 June 1969.  He remained at Fort Carson until he was honorably released from active duty (REFRAD) in the pay grade of E-4 on 6 September 1969 to accept seasonal employment.  He had served 1 year, 9 months, and 2 days of active service.

7.  A review of his official records failed to show any indication that the applicant had been promoted to the pay grade of E-5 or that he was made an acting SGT, which would have given him temporary leadership authority without the pay of an E-5.

8.  Army Regulation 600-200 (Enlisted Personnel Management) served as the authority for promotion to the pay grade of E-5.  The regulation in effect at the time provided, in pertinent part, that orders were required to be published for promotion to the pay grade of E-5.  It also provided that appointment of acting noncommissioned officers would be accomplished on a DA Form 2496 (Disposition Form) and that the appointment would be terminated when the individual departed the unit.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was promoted to the rank of SGT is not in doubt, he has failed to show through the evidence of record and the evidence submitted with his application that such was the case.

2.  There simply is no evidence available to support his contention that he was promoted to the rank of SGT, especially 40+ years after the fact.

3.  Therefore, in the absence of such evidence there appears to be no basis to grant his request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X__ _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20130004954





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004954



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2004 | 20040011513C070208

    Original file (20040011513C070208.doc) Auto-classification: Denied

    He has orders dated 23 May 1969 promoting him to E-5. He was reviewed by a promotion board and was recommended for promotion to SGT, E-5 by a majority of the board's membership. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.

  • ARMY | BCMR | CY2009 | 20090006231

    Original file (20090006231.txt) Auto-classification: Denied

    He departed Vietnam on 8 January 1970 and was transferred to Fort Carson, Colorado, where he remained until he was honorably released from active duty (REFRAD) on 26 February 1971 due to the deactivation of his unit. While the sincerity of the applicant's claim to entitlement to award of the Purple Heart and the BSM for the action on 27 May 1969 (presumably a BSM for valor) is not in question, there is no evidence in the applicant's military records, and the applicant failed to provide any...

  • ARMY | BCMR | CY2011 | 20110012417

    Original file (20110012417.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Headquarters, 723rd Maintenance Battalion, Unit Orders Number 76, dated 21 October 1968, appointed the applicant to the temporary grade of specialist four (SP4)/pay grade E-4. There are no orders or any other document that shows he was appointed or promoted to the rank of SGT (E-5).

  • ARMY | BCMR | CY2014 | 20140016452

    Original file (20140016452.txt) Auto-classification: Denied

    SO Number 13, issued by D Troop, 7th Squadron, 17th Cavalry Regiment on 14 February 1969 appointed him to the temporary (T) rank/grade of SP4/E-4 effective 14 February 1969. The evidence of record shows the applicant was advanced to SGT/E-5 on 21 May 1968. The evidence of record shows that at the time of his separation, on 22 August 1969, the applicant held the rank/pay grade of SP4 (T)/E-4.

  • ARMY | BCMR | CY2013 | 20130020761

    Original file (20130020761.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show: * his first name is spelled as “Malcolm” * that his rank and pay grade was staff sergeant (SSG)/E-6 * award of the Bronze Star Medal (BSM) with “V” Device 2. He had served 1 year, 7 months and 3 days of active service and the DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Campaign Medal,...

  • ARMY | BCMR | CY2011 | 20110024193

    Original file (20110024193.txt) Auto-classification: Denied

    His records do not contain official orders awarding him the Air Medal or the Combat Infantryman Badge. c. in the absence of official orders or other documentary evidence such as operation reports, after action reports, valor awards, witness statements, or any other evidence that conclusively shows he served with an infantry unit and actively participated in ground combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman...

  • ARMY | BCMR | CY2001 | 2001064602C070421

    Original file (2001064602C070421.rtf) Auto-classification: Approved

    He was reduced to the rank of SP4/pay grade E-4, effective 27 December 1971, as the result of a summary court-martial. The Board reviewed the letter of recommendation from the applicant’s commanding officer which stated that the applicant had been promoted to E-6 on or about 17 November 1971. There are no orders in the applicant’s records which show he was awarded the Army Commendation Medal.

  • ARMY | BCMR | CY2001 | 2001061623C070421

    Original file (2001061623C070421.rtf) Auto-classification: Approved

    The applicant requests that his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, be corrected to show his rank/pay grade as SGT/E-5 and that he was awarded the Bronze Star Medal (BSM). There are no orders awarding the applicant the BSM; however, he has submitted his BSM Certificate showing that he was awarded the medal for meritorious service from September 1969 to September 1970. That all of the Department of the Army records related to this case be...

  • ARMY | BCMR | CY2011 | 20110020177

    Original file (20110020177.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his records to show he was never in an absent without leave (AWOL) status. Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) of his DD Form 214 shows he was a SP4/E-4 at the time of his separation. The applicant contends he was recommended for promotion on two occasions; however, he was not promoted due to an error in his record which indicated he was AWOL when he was actually hospitalized and serving in Vietnam.

  • ARMY | BCMR | CY2002 | 2002082035C070215

    Original file (2002082035C070215.rtf) Auto-classification: Approved

    His DD Form 214 indicates his rank as a SP4, with a date of rank (DOR) of 10 February 1969. Therefore, it would be in the interest of justice to correct his records to reflect his rank as SGT at this time. Accordingly, he is entitled to be awarded those awards at this time.