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 applicants 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 applicants 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
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ABCMR Record of Proceedings (cont) AR20130004954
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