IN THE CASE OF:	  

		BOARD DATE:	  26 May 2014

		DOCKET NUMBER:  AR20130018209 


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 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.  The applicant states that upon his return from the Republic of Vietnam (RVN) he was assigned as a Drill Instructor at the rank SGT.  His DD Form 214 shows he was discharged at the rank of specialist (SP4).  He provides a photograph of himself wearing the rank of SGT while he was assigned as a Drill Instructor.

3.  The applicant provides: 

* DD Form 214
* DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States)
* a photograph of himself
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* VA Progress Notes, dated 7 September 2011




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 enlisted in the Regular Army on 25 March 1968 and successfully completed training.  He was awarded MOS 76Y (Supply Specialist).

3.  He arrived in the Republic of Vietnam (RVN) on 18 October 1968.  

4.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows his appointments as follows:

* private (PV1)/E-1 (Permanent), effective 25 March 1968
* private (PVT)/E-2 (Permanent), effective 25 July 1968
* private first class (PFC)/E-3 (Permanent), effective 20 October 1968
* SP4/E-4 (Temporary), effective 15 Jun 1969

5.  The applicant departed the RVN on 15 October 1969.  On 28 November 1969, he was assigned to A Company, 124th Maintenance Battalion, 2nd Armored Division, Fort Hood, TX, where he performed duties as an equipment clerk. 

6.  Special Orders Number 170, dated 19 June 1970, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, show the applicant applied for assignment as a Drill Sergeant.  He was assigned to the U.S. Army Training Center, Fort Jackson, SC, for duty as a Drill Sergeant, effective 1 August 1970.

7.  Special Orders Number 183, 4 August 1970, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Jackson, SC, show he was assigned to 
Headquarters and Headquarters Detachment (HHD), 2nd Battalion, 1st Basic Combat Training (BCT) Brigade, in duty MOS 00F4O (Drill Sergeant), effective
3 August 1970.
8.  Item 27 (Military Education) of the applicant's DA Form 20 does not show he completed Drill Sergeant training.

9.  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 entry was lined through.  A later entry shows he was assigned to HHD, 2nd Battalion, 1st Brigade, Fort Jackson, SC, in duty MOS 76Y30, effective 3 August 1970, where he performed duties as an armorer.  

10.  Special Orders Number 44, dated 26 February 1971, issued by Headquarters, U.S. Army Personnel Center, Fort Jackson, SC, shows the applicant was released from active duty on 24 March 1971 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation.  The orders show his rank and pay grade as SP4/E-4 and his duty MOS as 76Y2O.

11.  Item 5a (Grade, Rate or Rank) of the applicant's DD Form 214 shows the rank "SP4," and item 5b (Pay Grade) shows the pay grade "E-4."  Item 
6 (Date of Rank) shows the entry "15 JUN 69," and item 23a (Specialty Number and Title) shows MOS 76Y2O.

12.  There are no orders in the applicant's records that show he was promoted to the rank and pay grade of SGT/E-5.  

13.  There is no evidence that shows he successfully completed Drill Sergeant School or performed Drill Sergeant duty while assigned at Fort Jackson, SC.

14.  The applicant provided a photograph that shows him wearing SGT rank insignia. 

15.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, governed policy and criteria concerning appointment of acting noncommissioned officers (NCO).  It stated company, troop, battery, and separate detachment commanders were allowed to appoint qualified individuals as acting sergeants, E-5, to serve in position vacancies existing in their units at their present or higher grade, including those resulting from temporary absences of assigned NCO's.  Acting NCO's were permitted to wear either the regular insignia of grade permanently affixed to the sleeve or acting NCO's brassards.



16.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized preparation of the DD Form 214.  It states, that item 5a (Grade, Rate or Rank) and 5b (Pay Grade) will be completed to show the active duty grade or rank and pay grade at the time of separation.  It states, for item 23a (Specialty Number and Title) to enter the primary MOS code number, title, and date of award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his DD Form 214 to show his rank as SGT and to show he was a Drill Instructor was carefully considered and it was determined there is insufficient evidence to support his request.

2.  The applicant provided a photograph showing him wearing the rank insignia of SGT.  However, the photograph is insufficient evidence to show he was actually promoted to SGT.  His DA Form 20 and DD Form 214 show he was advanced to the temporary rank of SP4 on 15 June 1969.  There are no promotion orders in his military service records and he has not provided evidence that shows he was promoted to the rank of SGT.

3.  There is no evidence the applicant successfully completed Drill Sergeant training or was awarded MOS 00F.

4.  During the Vietnam era, many Soldiers returning to stateside duty were placed in leadership positions in basic and advanced individual training commands.  These Soldiers were made "Acting Sergeants" and permitted to wear the appropriate rank in order to discharge their duties; however, they were not actually sergeants and were not paid as such.  It is highly likely the applicant, because of his excellent record and military bearing, was appointed as an "Acting Sergeant" and an assistant Drill Sergeant without actually being promoted to that rank.

5.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20130018209





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ABCMR Record of Proceedings (cont)                                         AR20130018209



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