ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  29 May 2019

	DOCKET NUMBER:  AR20170000496


APPLICANT REQUESTS:   Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his grade 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)
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Letter from U.S. Army Reserve Personnel Center
* Orders 14-1 (Promotion Order) 
* Joint Services Transcript (JST) Inquiry

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 noticed that his DD Form 214 was never updated with his last obtained rank of SGT/E-5 while he served in the reserves after active duty.

3.  The applicant provides:

	a.  Orders 14-1, dated 20 December 1987 which show he was promoted to SGT/E-5 effective 20 December 1987 (after his release from active duty).

	b.  A letter from U.S. Army Reserve Personnel Center dated 28 September 1989, which shows they provided a DD Form 215 which correct item 12i (Reserve Obligation Term Date) from 3 October 1989 to 25 May 1989.

	c.  JST inquiry, dated 20 January 2016 which requested his rank be updated and secondary military occupational specialty be added.
4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army (RA) on 4 October 1983.

	b.  He served in Germany from 12 April 1984 to 4 October 1986.

	c.  His DA Form 2-1 (Personnel Qualification Record-Part II) shows in item 18 (Appointments and Reductions):

* private (PVT), 4 October 1983 (U.S. Army Reserve (USAR))
* private (PV2), 4 April 1984 (RA)
* private first class, 4 October 1983 (RA)
* SP4, 1 June 1985 (RA)
* SGT, 20 December 1987 (USAR) 

	d.  He was released from active duty and transferred to the USAR on 4 October 1986.  His DD Form 214 shows he completed 3 years and 1 day of active service and 
4 months and 8 days of prior inactive service.  It also shows in:

* item 4a (Grade, Rate or Rank), SP4
* item 4b (Pay Grade),E-4
* item 12h (Effective Date of Pay Grade), 1 June 1985

5.  By regulation (AR 635-200), 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.

* for items 4a and 4b, enter active duty grade of rank and pay grade at time of separation for item 12h, enter the effective date of promotion to pay grade

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  The applicant’s contentions were carefully considered.  The applicant’s record shows he was promoted in the USAR, which was after the period covered by his DD Form 214.  The Board agreed to deny relief as there was no error or injustice in this case.  His DD Form 214 shows his rank at the time of his transfer from the Regular Army.


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 or control of the Army.  The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.  It states for items 4a (Grade, Rate or Rank) and 4b (Pay Grade), enter active duty grade of rank and pay grade at time of separation and for item 12h (Effective Date of Pay Grade), enter the effective date of promotion to pay grade.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170000496


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