IN THE CASE OF: BOARD DATE: 7 October 2021 DOCKET NUMBER: AR20210011168 APPLICANT REQUESTS: correction of item 5a (Grade, Rate, or Rank) and item 5b (Pay Grade) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 July 1971 to show his rank/grade as specialist five (SP5)/E-5. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * State of Michigan, Michigan Veterans Affairs Agency, Transcript of Military Active Duty Federal Service, 25 November 2020 * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was promoted to SP5 when he was discharged. He is in need of medical coverage since he lost his job. 3. He was inducted into the Army of the United States on 30 July 1969. His DD Form 47 (Record of Induction), 30 July 1969, shows his social security number (SSN) as. 4. U.S. Army Flight Training Center and Fort Stewart Special Orders Number 169, 30 July 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) effective 9 May 1970. 5. Headquarters and Headquarters Company, Detachment 1, Fort Stewart, GA, Unit Orders Number 34, 21 September 1970, promoted him to specialist four (SP4)/E-4 effective 8 September 1970. 6. U.S. Army Flight Training Center and Fort Stewart Special Orders Number 155, 14 July 1971, relieved him from active duty not by reason of physical disability effective 29 July 1971 and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training). These orders show his rank as SP4. 7. He was honorably released from active duty on 29 July 1971 and transferred to the USAR Control Group (Annual Training) by reason of expiration term of service. He completed 2 years of total active service. His DD Form 214 shows in: * item 3 (SSN) – (temporary identification number) * item 5a (Grade, Rate, or Rank) – SP4 * item 5b (Pay Grade) – E-4 * item 6 (Date of Rank) – 8 September 1970 * item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal 8. His records do not contain a DA Form 2139 (Military Pay Voucher). 9. His records contain a U.S. Army Administration Center memorandum (Discontinuance of Military Service Number as Personnel Identification), 2 September 1971, announcing the discontinuance of the military service number as personnel identification effective 1 July 1969. He was requested to record his SSN and return the form within 30 days. The memorandum shows his SSN as 10. U.S. Army Reserve Components Personnel and Administration Center Letter Orders Number 06-1201482, undated, honorably discharged him from the USAR effective 1 July 1975 in the rank of SP4. The orders show his SSN as 11. His records are void of orders promoting him to the rank/grade of SP5/E-5. 12. He provided his State of Michigan, Michigan Veterans Affairs Agency, Transcript of Military Active Duty Federal Service, 25 November 2020, showing a summation of his active duty federal service and documenting his name, branch, character of separation, rank, date of birth, date of entry, and date of release. The transcript shows his rank as SP4. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board found no evidence showing the applicant was promoted to SP5/E-5 during his period of active duty service. The Board determined the rank/grade recorded on his DD Form 214 are not in error or unjust. 3. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Other than the corrections addressed in Administrative Note(s) below, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are otherwise insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): The applicant is authorized administrative correction of his DD Form 214 for the period ending 29 July 1971 to show the following entries without Board action: * item 3 – * item 24 – Expert Marksmanship Qualification Badge with Rifle Bar (M-14) REFERENCES: 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 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. 2. Army Regulation 600-200 (Enlisted Personnel Management System) prescribes policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. It states promotion of enlisted personnel to grades E-3 through E-9, appointments, grade reductions, and grade restorations will be announced in routine orders. 3. Army Regulation 635-5 (Separation Documents), 23 January 1967 established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation. The specific instructions stated for: a. item 3, transcribe the social security account number from the DA Form 2139; b. item 5a, enter the grade in which serving at time of separation, indicating whether permanent or temporary; e.g., "MSG (P) or "MSG (T)"; c. item 5b, enter the pay grade; e.g., "E-8" or "E-4"; and d. item 6, enter the date of rank for the grade shown in item 5a. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011168 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1