IN THE CASE OF:	  

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140016452 


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/grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4.  

2.  The applicant states his DD Form 214 contains a clerical error.  He was a platoon sergeant with his unit the 7th Squadron, 17th Cavalry in the Republic of Vietnam. 

3.  The applicant provides his DA Form 20 (Enlisted Qualification Record) and a medical document. 

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 United States Army on 7 September 1967 in the rank/pay grade of private/E-1.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).   

3.  Special Orders (SO) Number 48, issued by Headquarters, The Student Brigade, U.S. Army Training Center, Fort Benning, GA, on 26 February 1968 promoted him to corporal (CPL)/E-4. 

4.  SO Number 122, issued by Headquarters, The Student Brigade, U.S. Army Training Center, Fort Benning, GA, on 21 May 1968 promoted him to SGT/E-5.

5.  SO Number 180, issued by Headquarters, U.S. Army School/Training Center, Fort McClellan, AL on 25 July 1968 reduced him to private first class (PFC)/E-3 effective 24 July 1968 after having demonstrated inability to perform successfully in the Combat Leader Course. 

6.  He served in Vietnam from on or about 27 August 1968 to on or about 18 August 1969.  He was assigned to D Troop, 7th Squadron, 17th Cavalry Regiment. 

7.  SO Number 13, issued by D Troop, 7th Squadron, 17th Cavalry Regiment on 14 February 1969 appointed him to the temporary (T) rank/grade of SP4/E-4 effective 14 February 1969. 

8.  SO Number 110, issued by Headquarters, 7th Squadron, 17th Cavalry Regiment on 3 May 1969 ordered his reassignment to Fort Lewis, WA for separation outpocessing.  The orders listed his rank as SP4. 

9.  SO Number 234, issued by Headquarters, U.S. Army Personnel Center, Fort Lewis, WA on 22 August 1969 ordered his release from active duty effective 22 August 1969.  The orders listed his rank as SP4. 

10.  Item 33 (Appointments and Reductions) of the applicant's DA Form 20 shows he held the rank/grade of SP4/E-4 (T) at the time of his separation.  

11.  He was honorably released from active duty on 22 August 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His DD Form 214 shows in: 

* Items 5a and 5b shows "SP4 (T)" and "E-4" respectively
* Item 6 (Date of Rank) shows the entry "14 February 1969"

12.  Following his release from active duty, he enlisted in the USAR for a 1-year term on 15 February 1974.  His enlistment grade is shown as SP4. 

13.  The applicant provides a medical document showing his rank as E-5. 

14.  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 part, that the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders.  

15.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states, in part, that items 5a and 5b 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 orders, and item 6 shows the date of rank.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was advanced to SGT/E-5 on 21 May 1968.  However, he was reduced to PFC/E-3 on 24 July 1968.  He held this rank/grade until 14 February 1969 when his command appointed him to the temporary rank/grade of SP4/E-4 effective that date. 

2.  The evidence of record shows that at the time of his separation, on 22 August 1969, the applicant held the rank/pay grade of SP4 (T)/E-4.  This rank and grade are properly shown on his DD Form 214 and there is no justification to change either entry.  

3.  His record is void of orders advancing him to SGT/E-5 after his rank reduction.  Item 33 of his DA Form 20 does not show he was promoted back to E-5 and all orders (reassignment, separation) in his records as well as his USAR enlistment confirm he held the rank/grade of SP4/E-4 on 14 February 1969.  

3.  Promotions/advancements of enlisted personnel were announced in orders.  In the absence of orders promoting him back to SGT/E-5 and/or the authority for this promotion, there is insufficient evidence to grant the applicant 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 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)                                         AR20140016452



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ABCMR Record of Proceedings (cont)                                         AR20140016452



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