ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS

BOARD DATE:	23 May 2019
DOCKET NUMBER: AR20160019264


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to list his rank/grade as specialist four
(SP4)/E-4 instead of private first class (PFC)/E-3.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
   *	General Orders Number 38 
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 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 enlisted in the Regular Army on 23 August 1966.

3.	His DA Form 20 (Enlisted Qualification Record) shows he was promoted to the 
rank/grade of:

*	Private/E-1 on 23 August 1966
*	Private/E-2 on 23 December 1966
*	PFC/E-3 on 29 May 1967

4.	His military records contain:

   a.	DA Form 137 (Installation Clearance Record), dated 21 March 1969, which lists 
his rank/grade as SP4/E-4.

   b.	Special Orders Number 88 issued by Headquarters, U.S. Army Personnel Center, 
Fort Lewis, WA on 29 March 1969 released him from active duty in the rank/grade of 
SP4/E-4.



   c.	USAAC Form 171 (Army Reserve Status and Address Verification), dated 
14 October 1969 in which he requested to correct his rank/grade to SP4/E-4.

   d.	A letter from the Commander, Department of the Army, Office of the Adjutant 
General, U.S. Army Administration Center, St. Louis, MO, dated 23 December 1969, in 
which it was noted the applicant's records did not contain a copy of his promotion orders 
to the rank/grade of SP4/E-4.

5.	The applicant was honorably released from active duty on 30 March 1969. The 
DD Form 214 he was issued lists his rank/grade as PFC/E-3.

6.	The applicant provides a copy of General Orders Number 38 issued by 
Headquarters, 2d Infantry Division on 31 January 1969 which awards him the Army 
Good Conduct Medal and lists his rank as SP4.

7.	Army Regulation 635-5 (Separation Documents), then in effect, established the 
standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the 
regulation contains guidance on the preparation of the DD Form 214. It states that 
items 5a (Grade, Rate or Rank) and 5b (Pay Grade) will show the active duty rank and 
pay grade at time of the Soldier's separation; the rank is taken from the Soldier’s 
promotion/reduction orders; and item 6 (Date of Rank) shows the date of rank.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief. The Board agreed that the official record is void of 
promotion orders or other evidence of the applicant’s promotion to Specialist Four/E-4. 
The applicant’s DA Form 20 (Enlisted Qualification Record) shows that the applicant 
was promoted to Private First Class/E-3 on 29 May 1967, but there is no entry for 
promotion to E-4.  Therefore, the Board found no evidence of error on his DD Form 214.



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.


ADMINISTRATIVE NOTE(S):

Not Applicable 
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 Army Board for Correction of Military Records 
(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.	Army Regulation 635-5, then in effect, established the standardized policy for 
preparing and distributing the DD Form 214.  Chapter 2 of the regulation 
contains guidance on the preparation of the DD Form 214.  It states that items 
5a and 5b will show the active duty rank and pay grade at time of the Soldier's 
separation; the rank is taken from the Soldier’s promotion/reduction orders; and 
item 6 shows the date of rank.

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