ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  4 October 2019

	DOCKET NUMBER:  AR20170006270


APPLICANT REQUESTS: Correction of his record to show he was advanced to a 
higher pay grade.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Veterans Affairs (VA) letter, dated 13 January 2017

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 (ABCMR) 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 is a Soldier separated for a physical disability from 
Walter Reed Army Medical Center, Washington D.C., and wants to be advanced to a 
higher pay grade.  He states he served in the Gulf War from March to May 1991, was 
wounded and was promoted in May 1991.  

3.  A review of the applicant’s official records show the following on:

*	31 October 1985 – the applicant enlisted in the Army National Guard
*	DA Form 2-1 (Personnel Qualification Record) shows in section 3 (Service, 
Training and Other Dates, item 18 (Appointments and Reductions) the 
rank/grade of private first class (PFC)/E-3, 13 September 1989
*	19 December 1990 – Orders Number A-12-012782, issued by the U.S. Total 
Army Personnel Command, St. Louis, MO, ordered the applicant to active duty in 
support of Operation Desert Shield for a period of 179 days
*	21 May 1991 – a Physical Evaluation Board (PEB) convened, and the PEB found 
the applicant physically unfit and recommended separation without benefit 
(Schizophrenic condition existed prior to service and was not aggravated by 
service and not compensable)
*	5 September 1991 – the applicant was honorably discharged from active duty by 
reason of physical disability without severance pay, item 4a (Grade, Rate or 
Rank) shows PFC

4.  The applicant provides a VA letter wherein the applicant was provided a                            
DD Form 149.

5.  Army Regulation (AR) 635-5 (Separation Documents) in effect at the time prescribes 
the separation documents which are prepared for individuals upon retirement, 
discharge, or release from active military service or control of the Army.  Item 4a, enter 
the grade at the time of separation.

6.  AR 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) in effect 
at the time states, commanders of companies, batteries, units, troops and separate 
units may promote members to the rank of specialist (SPC)/E-4.  To be eligible for 
consideration for promotion to E-4 a member of the Reserve must be recommended by 
the appropriate commander.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service to include promotions, his deployment, medical processing and honorable 
discharge.  The Board found no evidence in the records of a recommendation for or 
approval of the applicant’s promotion to SPC/E4.  Based on a preponderance of 
evidence, the Board determine that the applicant’s rank at the time of separation was 
not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
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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):

 

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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 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.  AR 635-5 (Separation Documents) in effect at the time prescribes the separation 
documents which are prepared for individuals upon retirement, discharge, or release 
from active military service or control of the Army.  Item 4a, enter the grade at the time 
of separation.

3.  AR 140-158 (Enlisted Personnel Classification, Promotion, and Reduction) in effect 
at the time states, commanders of companies, batteries, units, troops and separate 
units may promote members to the rank of specialist (SPC)/E-4.  To be eligible for 
consideration for promotion to E-4 a member of the Reserve must be recommended by 
the appropriate commander.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170006270
	
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