IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150002348
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) by showing his rank as staff sergeant, pay grade E-6.
2. The applicant states he was told he was promoted to staff sergeant, E-6. However, he was medically evacuated out of the Republic of Vietnam (RVN) and never officially received his promotion. He contends that his award of the Bronze Star Medal is proof of his promotion because it shows his rank as a staff sergeant.
3. The applicant provides copies of:
* General Orders Number 1811, 5th Special Forces Group (Airborne), 1st Special Forces, dated 11 October 1968
* Certificate for award of the Bronze Star Medal, dated 11 October 1968
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. On 21 September 1964, the applicant enlisted in the Regular Army. His military records show:
a. that he was promoted to sergeant, pay grade E-5 with a date of rank of 18 September 1967;
b. that he was assigned to the RVN in December 1967 for duty with the 5thh Special Forces Group;
c. that General Orders Number 1612, 5th Special Forces, dated
12 September 1968 announced his award of the Purple Heart and identified him as a sergeant, pay grade E5;
d. that on or about 1 October 1968, he was hospitalized and medically evacuated from the RVN;
e. that General Orders Number 1811, 5th Special Forces, dated 11 October 1968 announced his award of the Bronze Star Medal and identified him as a staff sergeant, pay grade E6;
f. that a DA Form 428 (Application for Identification Card), dated
11 December 1968, identified him as a sergeant, pay grade E-5;
g. that General Orders Number 2162, 5th Special Forces, dated
20 December 1968 announced his award of the Army Commendation Medal and identified him as a sergeant; and
h. that he was released from active duty on 17 April 1970 in the rank of sergeant, pay grade E-5.
3. Army Regulation 600-200 (Enlisted Personnel Management), as then in effect, prescribed policy and procedures governing the promotion of enlisted Soldiers. Orders were issued to announce all advancements and promotions.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected by showing his rank as staff sergeant, pay grade E-6 because he was told he was promoted.
2. The applicant contends that his award order and certificate for the Bronze Star Medal showing him as a staff sergeant, pay grade E-6 is proof of his promotion. However, this is not sufficiently convincing. A review of his military records failed to show any documentary evidence to corroborate his contention.
3. A review of orders issued by the 5th Special Forces Group, both prior to and after the orders for the Bronze Star Medal, as well as other personnel records, indicate a strong possibility that the applicants rank and pay grade were entered in error on the orders and certificate announcing his Bronze Star Medal.
4. In view of the foregoing, there is an insufficient evidentiary 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) AR20130003382
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ABCMR Record of Proceedings (cont) AR20150002348
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