ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  7 August 2019

	DOCKET NUMBER:  AR20170005625


APPLICANT REQUESTS corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the following:

* (items 4a and 4b, Grade, Rate or Rank and Pay Grade) his correct rank of Private First Class (PFC)/E-3 vice private (PV2)/E-2
* (item 16, High School Graduate or Equivalent) changed to “YES”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214

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, he was a Private First Class (PFC/E-3) when he was discharged from the military.  In addition, he received his general education diploma (GED) in 1982; therefore, item 16 should be checked as “yes.”

3.  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.

   b.  He enlisted on 9 February 1980 and he held the military occupational specialty 11B (Infantryman).
   
c.  He was awarded the Overseas Service Ribbon and the Army Service Ribbon.
   
   d.  He was released from active duty and transferred to the United States Army Reserve (USAR) on 10 March 1983.  His DD Form 214 shows he was released under the provisions of AR 635-200, Chapter 4, expiration term of service and his service was characterized as honorable.  He was not available to authenticate the form with his signature.

4.  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.

5.  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.  His record was unavailable for the Board to review and the applicant failed to provide any evidence to show there were administrative errors on his DD Form 214.  Based upon the available documentary evidence in the record and provided by the applicant, the Board concluded there was insufficient evidence of an error or injustice which would warrant making a change to the rank or educational level depicted on the applicant’s                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.


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.  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. 

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170005625


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