BOARD DATE: 26 November 2013
DOCKET NUMBER: AR20130006526
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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5.
2. The applicant states he went before a promotion board, after which a promotion list was posted on 8 June 1970. He was selected for promotion to SSG. His expiration of term of service (ETS) was on 24 June 1970. He did receive promotion orders, but he is unable to locate them after all this time.
3. The applicant provides seven photographs, a National Dusters Quads and Searchlight Association membership card, and a DA Form 2496-1 (Disposition Form), dated 8 June 1970.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120002051, on 17 July 2012.
2. The applicant provides documents that were not available to the Board during the previous consideration of his request. These documents are new evidence that warrants consideration by the Board.
3. The applicant was inducted into the Army of the United States on 13 August 1968. He held military occupational specialty 16F (Light Air Defense Artillery Crewman).
4. He served in the Republic of Vietnam (RVN) from 25 June 1969 to 24 June 1970. He performed duties as a squad leader.
5. His service records do not contain orders promoting him to SSG/E-6.
6. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows SGT/E-5 as the highest rank/grade he held.
7. He was honorably released from active duty on 24 June 1970. He completed 1 year, 10 months, and 12 days of creditable active service. His DD Form
214 shows in:
* Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) the entries "SGT" and "E-5" respectively
* Item 6 (Date of Rank) shows the entry "11 April 1969"
8. The applicant provides seven photographs that show him with fellow Soldiers, him with track artillery vehicles, and him wearing a SSG duty armband on his left arm.
9. He provides a DA Form 2496-1, dated 8 June 1970, showing he was recommended and selected for promotion to the rank of E-6.
10. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. Chapter 7 contained Army-wide promotion policy and procedures. It stated, in pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.
11. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It states items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation and item 6 shows the date of rank.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided photographs as new evidence. However, the photographs are insufficient evidence to show he was promoted to SSG prior to his honorable release from active duty on 24 June 1970. His DA Form 20 shows the highest rank/grade he attained was SGT/E-5 and his DD Form 214 shows his rank as SGT.
2. He was recommended for promotion to SSG/E-6, but his promotion would have been contingent on the publication of orders. His service records do not contain official orders promoting him to SSG/E-6. In the absence of documentary evidence confirming he was promoted to SSG/E-6, there is insufficient evidence to grant him 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 to amend the decision of the ABCMR set forth in Docket Number AR20120002051, dated 17 July 2012.
_______ _ 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) AR20130006526
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130006526
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140018834
The applicant provides copies of the following: * two DA Forms 2496-1 (Disposition Form) * DA Form 3355-R (Promotion Points Worksheet) * Unit Orders Number 52 * DD Form 214 (2 copies) * DA Form 1577 CONSIDERATION OF EVIDENCE: 1. A DA Form 2496-1, dated 23 September 1970, wherein the applicant's company commander recommended the applicant be considered for promotion to the rank of SSG/E-6 in the recommended MOS of 11B4G. His DA Form 20 shows in: * Item 33 (Appointments and Reductions) the...
ARMY | BCMR | CY2012 | 20120002051
On 6 June 1970, he was recommended for promotion to SSG/E-6. There is no evidence in his records and he did not provide any evidence that shows he was promoted to SSG/E-6 prior to his honorable release from active duty on 24 June 1970. _______ _ 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.
ARMY | BCMR | CY2014 | 20140007444
He was medically retired in April 1972 in the rank of sergeant (SGT)/E-5 due to wounds sustained in Vietnam which made his continued service impossible. However, the evidence of record shows he held the rank of SGT/E-5 at the time he retired on 19 April 1972. Although he may have been recommended for promotion, there is no evidence which shows he was promoted to SSG by proper authority prior to his retirement on 19 April 1972.
ARMY | BCMR | CY2010 | 20100014860
Numerous record documents, specifically a DD Form 1407 (Dependent Medical Care and DD Form 1173 Statement), DA Form 137 (Installation Clearance Record), DA Form 1811 (Physical and Mental Status on Release from Active Service), and DA Form 2376 (Notification of State Adjutants General Release from Active Duty of Obligated Reservist), dated at the time of the applicant's release from active duty all refer to the applicant's rank as SGT. This order coupled with other available evidence...
ARMY | BCMR | CY2010 | 20100013496
There is no evidence in his records and the applicant did not provide any evidence that shows orders were issued promoting him to SSG/E-6. There are no orders in the applicant's personnel records awarding him the Bronze Star Medal. The DD Form 214 that he was issued shows his rank/grade as SGT/E-5 and the effective date of his promotion to be 12 January 1967.
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 | CY2011 | 20110025228
Special Orders Number 120, dated 30 April 1969, show he was promoted to the temporary grade of SSG. Items 5a and 5b, enter the rank/grade in which a member was serving at the time of separation with an indication if permanent or temporary; for example "SSG (T) (Staff Sergeant, Temporary), SGT (P)." However, Army regulations allow Soldiers serving in a temporary grade at the time of separation to have that temporary grade entered on the DD Form 214.
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...
ARMY | BCMR | CY2013 | 20130018209
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected show: * his rank as sergeant (SGT) * he was assigned as a Drill Instructor and awarded the associated military occupational specialty (MOS) 2. Item 38 (Record of Assignments) of his DA Form 20 includes an entry showing he was assigned to HHD, 2nd Battalion, 1st Brigade, Fort Jackson, SC, in duty MOS 00F4O Drill Sergeant, effective 3 August 1970. The applicantÂ’s...
ARMY | BCMR | CY2005 | 20050003763C070206
The applicant requests, in effect, that his separation document (DD Form 214) be corrected to reflect his rank and pay grade as sergeant/E-5 (SGT/E-5). Therefore, the time for him to file a request for correction of any error or injustice expired on 29 June 1973. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.