ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 June 2019

	DOCKET NUMBER:  AR20170003090


APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the rank/grade of specialist (SPC)/E-4 vice private first class (PFC)/E-3.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)

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 that after his separation from active duty, he was unclear why Blocks 4a (Grade, Rate or Rank) and 4b (Pay Grade) listed his rank/grade as PFC/E-3 instead of SPC/E-4.  When he started his reserve time obligation, he was listed and given the rank of SPC.  When he asked about the rank, he was told that’s what his records/files has him listed as.  He wants to know his rank/grade when he separated from active military on 31 July 1996.

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

  a.  He enlisted in the Regular Army on 16 July 1991.  He reenlisted in the Regular Army on 13 December 1993.  He served in Germany from 8 November 1991 to 6 July 1994.

	b.  His DA Form 2-1 (Personnel Qualification Record), dated 17 December 1993 shows the rank of PFC with a date of rank (DOR) of 1 April 1992 and the rank of SPC with a DOR of 10 November 1993.

	c.  DA Form 4187 (Personnel Action), dated 10 November 1993, shows that he was promoted to specialist on 10 November 1993.
	d.  He was released from active duty on 31 July 1996.  His DD Form 214 shows that he was released from active duty under honorable conditions under the provisions of Army Regulation (AR) 635-200 (Personnel Separations-Enlisted Personnel) chapter 4, for completion of required active service after having served 5 years and 15 days of active service. He was transferred to the United States Army Reserve upon release from active duty.  It further shows.

* Block 4a (Grade, Rate, or Rank) shows private first class
* Block 4b (Pay Grade) shows E-3
* Block 12h (Effective Date of Rank) shows 18 June 1996.

	e.  DA Form 4187, dated 22 March 1997, shows that he was reduced to private first class on 22 March 1997 under the provisions of AR 140-158 (Enlisted Personnel Classification, Promotion, and Reduction), paragraph 7-10 for unsatisfactory participation.

5.  By regulation, Army Regulation (AR) 635-5 (Separation Documents) 

* Block 4a, enter active duty grade or rank at time of separation
* Block 4b, enter active duty pay grade at the time of separation
* Block 12h, enter the effective date of promotion to pay grade

6.  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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  The applicant’s contentions were carefully considered.  His record shows he was promoted from PFC to SPC during his period of AD service.  His record is absent evidence he was reduced back to PFC before separation from AD.  His DD Form 214 shows PFC and he authenticated the form.  The Board agreed to grant relief and show his rank as SPC on the DD Form 214 for the period ending 31 July 1996.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing Item 4a to read “SPC”.
	 
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, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.  By regulation, Army Regulation (AR) 635-5 (Separation Documents) 

* Block 4a (grade, rate, or rank) enter active duty grade or rank at time of separation
* Block 4b (pay grade) shows E-3 enter active duty pay grade at the time of separation
* Block  12h (effective date of rank)  enter the effective date of promotion to pay grade

ABCMR Record of Proceedings (cont)	 AR20170003090
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