IN THE CASE OF: BOARD DATE: 27 October 2021 DOCKET NUMBER: AR20210011546 APPLICANT REQUESTS: * restoration of his rank to specialist (SPC)/E-4 * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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 is requesting his rank be restored from E-3 to E-4 or that his record be completed to show the reason for his demotion. He was recommended for numerous awards and performed beyond expectations during his time as an E-4, team leader in Afghanistan. They received a new commander at the end of 2012, following their return from deployment, and he demoted many Soldiers, himself included, for insignificant discrepancies. He attempted to reverse the demotion with support from his first sergeant, lieutenant, and squad leader, but was unsuccessful and it has affected him personally. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 23 August 2010. b. His Enlisted Record Brief shows he was deployed to Afghanistan from 7 March 2012 to 28 November 2012. His primary military occupation specialty was listed as 11B, Infantryman. Additionally, his date of ranks are as follows: * Private (PV2)/E2 – 23 August 2010 * Private First Class (PFC)/E3 – 24 June 2013 * Specialist (SPC)/E4 – 23 August 2012 c. The applicant’s service record is void of the facts and circumstances which led to his demotion in the Regular Army. d. Orders 233-0003, dated 21 August 2013, released the applicant from active duty with an effective date of 12 December 2013. e. He was honorably released from active duty on 12 December 2013. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 3 years, 3 months, and 20 days of active service with no lost time. Block 4a. (Rank) and 4b. (Pay Grade) indicated the applicant was a PFC, E03. f. A DA Form 4187 (Personnel Action), dated 11 December 2014, advanced the applicant to E-4 with an effective date of rank of 10 January 2015. g. Orders D-04-812341, dated 24 April 2018, discharged the applicant from the U.S. Army Reserve (USAR) with an effective date of 24 April 2018. His rank on the orders was listed as PFC. h. The applicant’s service record was void of the facts and circumstances which led to the change in rank in the USAR. 4. By regulation (AR 15-185), an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 5. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and regulatory guidance. The Board considered the applicant’s statement and his military record of service. Evidence in the records show the applicant was promoted to the rank of SPC/E-4 with an effective date of 10 January 2015. The Board determined the applicant separated from active duty prior to his promotion in the Reserves to SPC/E-4 in 2015. Based on regulatory guidance, information entered thereon reflects the conditions as they existed at the time of separation. The Board determined there was insufficient evidence to correct the applicant’s DD Form 214 to show his rank of SPC/E-4. Therefore, relief was denied. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XX XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 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. REFERENCES: 1. Title 10, United States 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 Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011546 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1