ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 May 2019

	DOCKET NUMBER:  AR20170001664


APPLICANT REQUESTS:  correction on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to correct his rank from PFC (E-3) to Corporal (E-4)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* 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 his record shows him as a PFC/E-3 instead of a Corporal/E-4 and his honorable discharge dated 14 June 1963, shows CPL/E-4

3.  The applicant was inducted into the Army of the United States on 5 October 1959.  He was released from Active duty and transferred to U.S. Army Reserve (USAR) XVI US Army Corps on 29 June 1960.  His DD Form 214 shows his rank as PFC (Temporary)/E-3.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was a 
CPL/E-4 on 6 August 1961.

5.  His Discharge Letter Order, issued by Headquarters, XVI U.S. Army Corps shows he was honorably discharged from the USAR on 14 June 1963.  These orders show his rank as CPL (E-4).

6.  Army Regulation 600-200 (Enlisted Personnel Management System), states promotion of enlisted personnel to grade E-3 through E-9, will be announced in and published in routine orders.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The applicant’s contentions were carefully considered.  The applicant transferred to the USAR after a period of Active duty at the rank of PFC.  His record shows he was promoted to CPL at some time during his USAR service.  The Board agreed there was no error or injustice as his promotion to CPL occurred after the period of service covered by the 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 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes the standardized policy for preparing and distributing the DD Form 214.  It states the DD Form 214 provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

3.  Army Regulation 600-200 (Enlisted Personnel Management System), prescribed polices, responsibilities, and procedures pertaining to career management of Army enlisted personnel, it states, promotion of enlisted personnel to grade E-3 through E-9, appointments, grade reductions, and grade restorations will be announced in and published in routine orders; Unit orders may be issued for promotion to grade E-3 and E-4.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170001664


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