BOARD DATE:	  12 January 2016

		DOCKET NUMBER:  AR20150005875 


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 item 4a (Grade, Rate, or Rank) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank title as "Corporal (CPL)" instead of "Specialist (SPC)."

2.  The applicant states he earned the rank of CPL and his DD Form 214 is incorrect.

3.  The applicant provides copies of a DA Form 4187 (Personnel Action) and his DD Form 214.

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 the cases 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.
2.  The applicant enlisted in the Regular Army on 3 October 1994 and he held military occupational specialty (MOS) 31R (multichannel transmission systems operator).

3.  He was promoted to the rank/pay grade of SPC/E-4 on 1 January 1997.

4.  He provided a copy of a DA Form 4187, dated 1 September 1998, approving him for a lateral appointment to the rank of CPL in MOS 31R, with a date of rank (DOR) of 1 January 1997.

5.  He was honorably released from active duty on 1 March 1999.  His DD Form 214 lists in:

* Item 4a – SPC
* Item 4b (Pay Grade) – E-4
* Item 12h (Effective Date of Pay Grade) – 1 January 1997

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established the standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 was a summary of a Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation stated:

* Item 4a – would list the rank title held on the date of separation
* Item 4b – would list the pay grade held on the date of separation
* Item 12h – would list, from the most recent promotion order (or reduction instrument) the effective date of promotion in the current pay grade

7.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management), in effect at the time, provided guidance on the selection of enlisted Soldiers for assignment, utilization, reclassification, details, transfers, and training.  Paragraph 3-14 (Lateral appointments) stated:

   a.  Commanders could authorize lateral appointments of personnel in the rank of SPC to CPL without local selection board action provided the Soldier concerned was assigned to an authorized (documented) noncommissioned officer (NCO) position in their career progression MOS.

   b.  Lateral appointment would be announced by either DA Form 4187 or informal memorandum.  DA Form 4187 or informal memorandum would be the only announcement of the lateral appointment.
   c.  Soldiers appointed to CPL would retain the grade when reassigned from the NCO position, including permanent change-of-station moves.  However, the unit commander could laterally appoint personnel in the rank of CPL to SPC without the Soldier's consent.

DISCUSSION AND CONCLUSIONS:

A DA Form 4187, dated 1 September 1998, approved the applicant for a lateral appointment to the rank of CPL, with a DOR of 1 January 1997.  He was released from active duty on 1 March 1999.  There is no evidence he was laterally appointed from the rank of CPL to SPC prior to his release from active duty.  Item 4a of his DD Form 214 does not list the rank of CPL.  By regulation, the rank title held on the date of separation would be entered on the DD Form 214.

BOARD VOTE:

___X_____  ___X_____  ___X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 4a of his DD Form 214 the entry "SPC" and replacing it with the entry "CPL."




      _______ _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)                                         AR20150005875



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ABCMR Record of Proceedings (cont)                                         AR20150005875


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