ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 October 2019

	DOCKET NUMBER:  AR20160019568


APPLICANT REQUESTS:  a correction to his rank on his Honorable Discharge 
Certificate and the correct date of discharge 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	Electronic DD Form 149 (Application for Correction of Military Record)
*	Copy of Honorable Discharge Certificate

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 states, in effect, his DD Form 214 (Armed Forces of the United States 
Report of Transfer or Discharge) shows he was discharged on 1 January 1967 as a 
private/E-1, but he was discharged in 1970 as an E5.  He was proud of his rank and 
would like it corrected on his discharge certificate.  

3.  The applicant provides a copy of his honorable discharge certificate, which shows 
has an incorrect date and rank.  He was honorably released from active duty on          
24 January 1970 and honorably discharged from the Army Reserve on 21 December 
1972, in the rank of E-5. 

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Army Reserve on 22 December 1966.  He was discharged on 
31 January 1967 and enlisted in the Regular Army on 1 February 1967.

	b.  He served overseas in Germany from 10 July 1967 until 23 January 1970.

	c.  His DD Form 214 shows he was discharged on 24 January 1970, in the rank of 
SGT/E-5, under the provisions of Army Regulation 635-200 (Personnel Separations – 
Enlisted Personnel), and issued an honorable conditions discharge.  It also shows he 
completed 2 years, 11 months and 24 days of active service with no lost time.

	d.  On 21 December 1972, the applicant was honorably discharged from the Army 
Reserve in the rank of SGT/E-5 and his character of service was honorable.

5.  By regulation AR 635-5, section II, paragraph 9, states that entries will be made on 
the discharge certificate from information contained in the DD Form 214.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
relief was not warranted.  Based upon the documentary evidence provided by the 
applicant, the Board found that the discharge certificate the applicant wants changes 
was his discharge from the USAR; prior to coming into the active Army; therefore, there 
is no correction warranted.

However, the Board did note that the applicant’s rank on his DD Form 214, at the end of 
this active duty service, does reflect the rank of E5, so again no correction was 
warranted.

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 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 (Separation Documents), in effect at the time, prescribes the 
separation documents that will be furnished each individual who is separated from the 
Army, including active duty training (ACDUTRA) personnel, and establishes 
standardized procedures for the preparation and distribution of these documents.

	a.  Paragraph 9, section II of this chapter states that entries will be made on the 
discharge certificate from information contained in the DD Form 214 (Armed Forces of 
the United States Report of Transfer or Discharge).  

	b.  Paragraph 9-2 states that on the line provided under the words “This is to certify 
that” enter the individual’s name, typed in capital letters in signature order, followed by 
his service number, grade, and basic branch.

	c.  Paragraph 9-3, says to enter date of separation shown in item 11d, DD Form 214.

ABCMR Record of Proceedings (cont)	 AR20160019568

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