ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:       19 April 2019

	DOCKET NUMBER:  AR20160018868


APPLICANT REQUESTS: Correction of his DD Form 256A (Honorable Discharge Certificate) to show his rank as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Orders Number 302-233, dated 29 October 1982
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 14 March 1983
* DD Form 256A, dated 19 January 1985

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), 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 his grade, rate or rank at the time he was discharged from active duty [sic] shows SP4 on his DD Form 256A, which is an error.

3.  A review of the applicant’s service records show the following on:

* 13 March 1979 – enlisted in the U.S. Army Reserve (USAR) for 6 years with a concurrent active duty obligation of 4 years
* 29 October 1982 – Orders Number 302-233, issued by Headquarters, U.S. Army Field Artillery Center and Fort Sill, OK promoted the applicant to the rank of SGT, effective 1 November 1982
* 14 March 1983 – honorably released from active duty and transferred to the USAR Control Group (Reinforcement), DD Form 214 shows in:

* item 4(a) SGT
* item 4(b) shows E-5

* 16 January 1985 – Orders Number D-01-003136, issued by the USAR Personnel Center, St. Louis, Mo, honorably discharged the applicant from the Ready Reserve in the rank of SP4
* his record is void of orders or other documentation on his reduction in rank

4.  The applicant provides a DD Form 256A signed 19 January 1985 which shows his rank on discharge from the U.S. Army Ready Reserve was SP4.

5.  Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  Source documents will consist of separation orders and any other available records.  Items 4 (a and b), enter the active duty grade of rank and pay grade at the time of separation.

6.  AR 15-185 (ABCMR) states:

	a.  Paragraph 2-9 contains guidance on the burden of proof.  It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.

	b.  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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded there was insufficient evidence to demonstrate an error or injustice presented by the applicant.  For that reason, the Board recommended denying the applicant’s request.



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:

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, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  AR 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  Source documents will consist of separation orders and any other available records.  Items 4(a and b), enter the active duty grade of rank and pay grade at the time of separation.

3.  AR 15-185 (ABCMR) states:

	a.  Paragraph 2-9 contains guidance on the burden of proof.  It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.

	b.  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.

ABCMR Record of Proceedings (cont)	 AR20160018868
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