ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 August 2019

	DOCKET NUMBER:  AR20170005536


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as staff sergeant (SSG)/E-6 vice 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
* Page 3 of his 4-page DA Form 20 (Enlisted Qualification 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 has proof in his DA Form 20 (Military Personnel Records indicating him to be a supply sergeant. 

3.  Review of the applicant's service records shows: 

	a.  The applicant was inducted into the Army of the United States on 12 June 1969 in the rank/pay grade of private/E-1.  He completed training and was awarded military occupational specialty (MOS) 76Y (Unit Supply Specialist). 

	b.  Unit Orders Number 27, issued by Headquarters, 7th Battalion, 2nd Basic Combat Training Brigade, Fort Jackson, SC on 16 December 1969 promoted him to private first class (PFC)/E-3. 

	c.  Special Orders Number 75, issued by Headquarters, 2nd Basic Combat Training Brigade, Fort Jackson, on 30 April 1970 appointed/promoted him to SP4/E-4.

	d.  His DA Form 20 shows in

* item 33 (Appointments and Reductions) the rank/grade of SP4/E-4 as the highest he attained during his military service
* item 39 (Record of Assignments) he performed duties of Supply Sergeant while assigned to the 7th Battalion, 2nd Basic Combat Training Brigade, in duty MOS 76Y

	e.  He requested an early out to attend college and his request was approved for separation effective 26 March 1971. 

	f.  Special Orders Number 70, issued by Headquarters, U.S. Army Personnel Center, Fort Jackson on 26 March 1971 ordered his release from active duty effective 26 March 1971.  The orders listed his rank as SP4. 

	g.  He was honorably released from active duty on 26 March 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  His DD Form 214 shows in: 

* Items 5a and 5b shows "SP4" and "E-4" respectively
* Item 6 (Date of Rank) shows the entry "30 April 1970"

	h.  There is no evidence the applicant was recommended for or promoted to sergeant or to staff sergeant prior to his release from active duty. 

4.  By regulation (AR 600-200), in effect at the time, Chapter 7 contained Army-wide promotion policy and procedures.  It stated, in part, that the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders.  

5.  By regulation (AR 635-5), the purpose of the DD Form 214 is to provide the individual with documentary evidence of their military service.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states, in part, that items 5a and 5b will show the active duty rank and pay grade at the time of the Soldier's separation, the rank is taken from the Soldier’s promotion/reduction orders, and item 6 shows the date of rank.

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 his military service record, the Board concluded that the applicant did hold and perform positions of greater authority, but there was insufficient evidence to show he was ever promoted beyond the rank of Specialist/E4.  For that reason, the Board recommended denying the applicant’s requested relief.

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 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 contained Army-wide promotion policy and procedures.  It stated, in part, that the promotion of enlisted personnel, appointments, grade reductions, and grade restoration were announced in orders.  

3.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states, in part, that items 5a and 5b will show the active duty rank and pay grade at the time of the Soldier's separation, the rank is taken from the Soldier’s promotion/reduction orders, and item 6 shows the date of rank.

ABCMR Record of Proceedings (cont)	 AR20170005536


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