IN THE CASE OF:  	  

		BOARD DATE:  6 October 2015	  

		DOCKET NUMBER:  AR20150002315 


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 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 sergeant (SGT)/E-5, vice specialist five (SP5)/E-5. 

2.  The applicant states that the Army Board for Correction of Military Records (ABCMR) Record of Proceedings cites Title 10, U.S. Code, section 1552(b), which provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  He states that he did not notice the error until just shortly before filing his application.  He was the Shop Foreman, Fire Control Department, and he went before the promotion board for SGT (not for SP5).  The order and pictures he sent plainly show that he was a SGT (not a SP5) and this is all the proof he has.  He requests the error pertaining to his rank be corrected.
 
3.  The applicant provides page 1 of the ABCMR, Record of Proceedings.

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 ABCMR in Docket Number AR20140004147, on 6 November 2014.


2.  The ABCMR Record of Proceedings, Consideration of Evidence (page 1), paragraph 1, shows that, in the interest of justice, the ABCMR elected to conduct a substantive review of the applicant's case and excused the applicant's failure to timely file his application (emphasis added).

3.  The applicant enlisted in the Regular Army on 6 June 1967.  He was awarded military occupational specialty (MOS) 41C (Fire Control Instruments Repairman).

4.  He served in the Republic of Vietnam (RVN) from 16 September 1968 to 
14 January 1970.

5.  Headquarters, U.S. Army Support Command, Qui Nhon (USASC QN), Special Orders (SO) Number 36, dated 5 February 1969, promoted the applicant to the temporary grade of SP5 (E-5), in MOS 41C2O, effective 19 January 1969.

6.  His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in –

* item 33 (Appointments and Reductions), he was promoted to SP5 (E-5), temporary, with a date of rank of 19 January 1969, per USASC QN, 
SO Number 36 (1969)
* item 38 (Record of Assignments), he served in Duty MOS (DMOS) –

* 41C2O, Senior Instruments Repairman, 528th Maintenance Company, from 20 September 1968 through 30 November 1968
* 41C2O, Senior Instruments Repairman, 618th Maintenance Company, from 1 December 1968 through 30 December 1968
* 41C2O, Fire Control Instruments Repairman, 618th Maintenance Company, from 31 December 1968 through 30 December 1969
* 41C4O, Fire Control Instruments Repairman, 794th Combat Support Maintenance Company, from 31 December 1969 through 11 January 1970

7.  Headquarters, USASC QN, SO Number 331, dated 27 November 1969, reassigned the applicant to U.S. Army Vietnam Returnee Detachment for further assignment to U.S. Army Transfer Station, Fort Lewis, WA, for separation processing.  The orders show his rank as SP5. 

8.  Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, SO Number 14, dated 14 January 1970, released the applicant from active duty effective
14 January 1970.  The orders show his rank as SGT.

9.  The applicant's DD Form 214 shows he was honorably released from active duty on 14 January 1970 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.  It also shows in –

* item 5a (Grade, Rate, or Rank):  SP5
* item 5b (Pay Grade):  E-5
* item 6 (Date of Rank):  19 January 1969
* item 11b (Station or Installation at Which Effected):  Fort Lewis, WA

10.  U.S. Army Reserve Components Personnel and Administration Center, Letter Orders Number 05-1129213, dated 22 May 1973, honorably discharged him from the U.S. Army Reserve effective 1 June 1973.  The orders show his rank as SP5. 

11.  A review of the applicant's military personnel records failed to reveal any orders or other record that shows he was promoted or laterally appointed to the rank of SGT (E-5).

12.  The applicant previously provided, in pertinent part, multiple photographs that show him in uniform with SGT (E-5) chevrons. 

13.  Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, prescribes policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 (Promotion and Reduction), Section VII (Appointment of Acting Noncommissioned Officers (NCOs)), paragraph 7-52 (Appointment), provides that company, troop, battery, and separate detachment commanders may 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 NCOs.  Acting NCOs may wear either the regular insignia of grade permanently affixed to the sleeve or acting NCO brassards.  An acting NCO's status will be terminated at the discretion of the commander who made the appointment, upon assignment of a regular appointed NCO to the position, or upon reassignment to another unit.

14.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It shows the instructions for items 5a, 5b, and 6 state, 
"Self-explanatory."

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was appointed to the temporary rank/grade of SP5/E-5 on 19 January 1969.
2.  Records also show the applicant was assigned in an NCO DMOS (41C4O) as Fire Control Instruments Repairman, 794th Combat Support Maintenance Company in the RVN from 31 December 1969 through 11 January 1970.  Thus, it is reasonable to conclude that he was appointed (and served) as an acting NCO (SGT) during that period.

3.  The orders issued by the USASC QN (RVN) that reassigned the applicant to the U.S. Army Transfer Station, Fort Lewis, WA, show his rank as SP5. 

4.  The orders issued by the U.S. Army Personnel Center, Fort Lewis, WA, separated the applicant from active duty and show his rank as SGT.  However, the DD Form 214 he was issued by that same organization/installation shows his rank as SP5.

5.  There is no evidence of an order or other promotion document that promoted, advanced, or appointed him to the rank of SGT.  Thus, it is concluded that the separation orders issued by the U.S. Army Personnel Center, Fort Lewis, WA, contain an administrative error with respect to the applicant's rank.

6.  Therefore, in the absence of evidence to the contrary, it must be presumed that he was properly released from active duty in his correct rank.

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 AR20140004147, dated 6 November 2014.




      _______ _   _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)                                         AR20150002315



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ABCMR Record of Proceedings (cont)                                         AR20150002315



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