IN THE CASE OF:  	  

		BOARD DATE:  3 February 2015		  

		DOCKET NUMBER:  AR20140012163 


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, in effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he received two letters of commendation and promotion to sergeant/E-5.

2.  The applicant states, in effect, he did not receive the letters of commendation until 2008.  The wording of the letters is the same as what might be used for an Army Commendation Medal.  Also, he was a specialist/E-4 on his arrival in Korea and left with the same rank 13 months later.  He feels he was not properly recognized for his duty performance and should have been promoted.

3.  The applicant provides a DD Form 214, two letters of commendation, and an extract from his DA Form 20 (Enlisted Qualification Record).

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 6 November 1967.  In April 1968, following initial training, he was awarded military occupational specialty 72B (Communications Center Specialist).

3.  Special Orders (SO) Number 87, dated 12 April 1968, issued by Headquarters, U.S. Army Southeastern Signal School, promoted the applicant to the temporary rank/grade of specialist four/E-4.  His DA Form 20 shows his rank/grade was made permanent on 22 August 1970.  The highest rank/grade attained while on active duty was specialist four/E-4.  The record is void of any documentation showing a recommendation for promotion to sergeant/E-5.

4.  His DA Form 20 shows he served in Korea from on or about 8 May 1968 to on or about 7 June 1969.  He then served in Germany from on or about 15 July 1969 to on or about 18 August 1970.

5.  Item 38 (Record of Assignments) of the DA Form 20 under the headings of Conduct and Efficiency shows the applicant was rated “excellent” throughout his term of active service.

6.  On 21 August 1970, he was honorably released from active duty.  His DD Form 214, as amended by a DD Form 215 (Correction of DD Form 214) shows he was awarded or authorized:

* Army Good Conduct Medal
* Army of Occupation Medal (Berlin)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Korea Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

7.  Army Regulations 600-200 (Personnel - General - Enlisted Personnel Management System), in effect at the time, prescribes policy and guidance for enlisted promotions and the completion of the DA Form 20. 

	a.  Field grade commanders of any organization authorized a commander in the rank of lieutenant colonel or higher may promote Soldiers to the pay grades of E-5 or E-6.

	b.   Soldiers can be promoted to a temporary grade which is made permanent automatically without orders.  Regular Army enlisted personnel in the grade of 
E-4, whose date of rank was on or before 31 July 1968, automatically became permanent on the date of completion of 12 months time in grade.

	c.  Item 41 (Awards and Decorations) of DA Form 20 is to show all awards and decorations.  The regulation states all awards, decorations, badges, and citations (including unit citations) should be entered.  Letters of commendation, certificates of achievement, bronze service stars, or arrowheads will not be entered. 

8.  Army Regulation 635-5 (Personnel Separations - Separations Documents), in effect at the time, provides policy and guidance for the completion of the DD Form 214.  It states, in pertinent part, when completing item 24, enter only those decorations, service medals, campaign credits, and badges shown on the DA Form 20 as being awarded. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show his two letters of commendation.  Army Regulation 600-200 specifically excluded the addition of letters of commendation in the annotation of awards and decorations on the DA Form 20.  Army Regulation 635-5 stated only awards and decorations as shown on the DA Form 20 would be listed on the DD Form 214.  No correction is therefore required.

2.  As to the applicant's request for promotion, his record does show his commanders rated his conduct and efficiency as “excellent” throughout his term of service.  There is no evidence, however, he was ever recommended for promotion to sergeant/E-5, nor does he offer any proof he was ever recommended.  The Board is not an investigative body and must rely both on what is available in the applicant's record and what the applicant provides.  Promotion is a command prerogative and, in the absence of evidence to the contrary, the Board must presume all applicable regulations were fairly and accurately complied with.

3.  Given the foregoing, there is insufficient evidence to grant the relief requested.







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)                                         AR20140012163





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ABCMR Record of Proceedings (cont)                                         AR20140012163



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