ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 7 August 2019 DOCKET NUMBER: AR20170004426 APPLICANT REQUESTS: his rank updated and the time he served in the Army Reserve be reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Two Annual or Terminal Statement of Retirement Points * DD Form 4 (Enlistment Contract – Armed Forces of the United States) * Promotion Information Data Sheet * Special Orders Number 17 * Letter Orders Number 10-470 * Retiree and Veterans Affairs identification cards 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, upon completion of his active duty service on 26 July 1968, he joined the Army Reserve until 18 October 1973. He was promoted to Sergeant First Class/E-7 on 17 February 1972. 3. The applicant provides: a. Two Annual or Terminal Statement of Retirement Points, reflect he was earned retirement points for the inclusive dates from 27 July 1970 to 26 July 1971 and from 28 July 1972 to 27 July 1973. b. DD Form 4 (Enlistment Contract – Armed Forces of the United States), reflects he had prior service from 28 July 1966 to 27 July 1968. c. Promotion Information Data Sheet reflects, to name a few, the applicant’s data in regards to the position vacancy, the number of months in present position, the date evaluated in duty military occupational specialty (MOS), and his civilian occupation and education. d. Special Orders Number 17, dated 17 February 1972, reflects he was promoted to Sergeant First Class/E-7. e. Letter Orders Number 10-470, dated 18 October 1973, reflect he was transferred between Reserve Components, with an effective date of 22 September 1973. f. Retiree and Veterans Universal Access identification cards, which reflect he retired as a sergeant first class/E-7 and is a member of the Veterans Universal Access. 4. A review of the applicant’s service record shows: a. The complete facts and circumstances surrounding the applicant’s military service are not available to the Board for review with this case. b. However, he was inducted into the Army of the United States on 28 July 1966, with the military occupational specialty of 11B (Light Weapons Infantry). c. He was released from active duty and transferred to the United States Army Reserve (USAR) on 26 July 1968. His DD Form 214 shows he was released under the provisions of AR 635-200, Section I, Chapter 2, separation program number (SPN) 201, Expiration Term of Service (ETS), and his service was characterized as honorable. It also shows his rank as Staff Sergeant/E-6. 5. Army Regulation (AR) 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel. 6. The Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. 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 requested relief occurred after the period covered by the DD Form 214. The Board agreed regulatory guidance provides for the maintaining of military records as they were during the members period of active service. 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 (AR) 635-5, establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel. a. Appendix III, paragraph 1a, states that the purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a vital record for interested government agencies which assist the individual in obtaining the rights and benefits which may accrue to him as the result of such service. b. Section 3, paragraph 21b, Enlisted personnel, specifies that the grade in which serving at the time of separation indicating whether permanent or temporary will be entered in item 5a (grade, rate or rank) on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170004426 4 1