IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140014056
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as sergeant (SGT) vice specialist five (SP5).
2. He states his DD Form 214 is incorrect. It currently shows that he separated as a specialist and his terminal rank was SGT/E-5. He would like his rank corrected to ensure that his gravestone will be correct.
3. He provides:
* DD Form 214
* Unit Orders Number 30, dated 21 March 1964
* Certificate of Achievement (COA) showing his rank as SGT/E-5
CONSIDERATION OF EVIDENCE:
1. On 8 September 1961, the applicant enlisted in the Regular Army in pay grade E-1.
2. Item 32 (Remarks) of his DD Form 214 shows he was advanced to specialist four (SP4)/E-4 (permanent) effective 19 September 1963, with a date of rank of
5 January 1963.
3. Headquarters, 143rd Signal Battalion, Unit Orders Number 30, dated
21 March 1964, show he was appointed to the temporary rank/grade of SGT/E-5 effective the date of the orders.
4. On 15 August 1964, he was issued a COA in recognition of outstanding service from 19 September 1963 to 15 August 1964. The certificate listed his rank as SGT/E-5.
5. On 24 August 1964, he was honorably released from active duty. He completed 2 years, 11 months, and 17 days of creditable active duty service. His DD Form 214 shows in item 3a (Grade, Rate or Rank) "SP5/E-5 (T)."
6. 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.
7. 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 that item 3a will show the active duty rank and pay grade at the time of the Soldier's separation; the rank is taken from the Soldier's promotion/reduction/appointment orders.
DISCUSSION AND CONCLUSIONS:
The applicant contends he held the rank of SGT vice SP5 prior to his release from active duty. His records contain orders which support this contention. Additionally, he has provided orders showing he was, in fact, appointed to the temporary rank of SGT on 21 March 1964, a date prior to his release from active duty. Based upon this evidence, it would be appropriate to correct his DD Form 214 to show his rank as SGT. He held pay grade E-5 at the time of his appointment to the rank of SGT; therefore, his date of rank as shown on his DD Form 214 remains the same as currently shown.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends all Department of the Army records of the individual concerned be corrected by amending his
DD Form 214, item 3a to show "SGT/E-5 (T)."
_______________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) AR20120004329
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140014056
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