ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  14 June 2019

	DOCKET NUMBER:  AR20170000407


APPLICANT REQUESTS:  Correction of his DD form 214 (Report of Separation from Active Duty) to show his rank/grade as Specialist Five (SP5) instead of Specialist Four (SP4)

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 (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 he was a SP5 when he was discharged, but his DD Form 214 shows him as an SP4 and he would like it changed.  

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

     a.  He was inducted into the Army of the United States on 17 June 1971 for a two year term.  He was honorably discharged for the purpose of immediate reenlistment on 18 March 1973. 

     b.  He was court-martialed on 17 May 1976 and found guilty of disrespecting a superior warrant officer.  The adjudged sentence included a reduction to SP4/E-4 and forfeiture of one hundred dollars per month for three months.  On 9 June 1976, the General Court-Martial Convening Authority approved the sentence and ordered it executed.  Appellate review was completed on 3 August 1976 and the findings and sentence affirmed.

     c.  His DA Form 2-1 (Personnel Qualification Record), reviewed by applicant on 
16 May 1978, shows in item 18 (Appointments and Reductions):
	
* private (PV1), 17 June 1971     
* private (PV2), 17 October 1971
* private first class, 29 October 1971
* SP4, 16 February 1972
* SP5, 1 August 1973
* SP4, 17 May 1976

     d.  A memorandum, dated 11 January 1979, recommending denial of the Good Conduct Medal to applicant due to his court-martial conviction.  

     e.  He was honorably discharged on 18 June 1979.  His DD Form 214 shows he completed 6 years and 3 months of net active service this period.  It also shows in:
  
* item 6a (Grade, Rate or Rank), SP4
* item 6b (Pay Grade), E-4          

4.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  The information entered thereon reflects the conditions as they existed at the time of separation.

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 and found within the military service record, the Board found insufficient evidence to show that the applicant was promoted to SP5 again, following his reduction in rank on 17 May 1976.  For that reason, the Board concluded that the information currently depicted on the applicant’s DD Form 214 was correct and accurate and did not warrant making a change to the applicant’s rank.

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 (Personnel Separations--Separation Documents) in effect at the time, prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service.  The DD Form 214 is the most vital document that the Soldier will receive from the Army.  It is of paramount importance that only accurate and authorized information be entered.  Paragraph 2-8 provides line by line instructions for the proper completion of the DD Form 214.  Paragraph 2-8f directs that for item 6a and b (Grade or rank and pay grade) enter active duty grade and pay grade at time of separation.

ABCMR Record of Proceedings (cont)	 AR20170000407


3


1