ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  14 August 2019

	DOCKET NUMBER:  AR20170006773


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show rank/pay grade as Specialist Four (SP4)/E-4 instead of Private First Class (PFC)/E-3.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 256A (Honorable Discharge Certificate)

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 was promoted from PFC to SP4 during the same timeframe as his discharge from the Army.  He is attaching a copy of his DD Form 256A reflecting his discharge and the correct rank.  He believes the rank was incorrectly placed on his DD Form 214 because he was promoted the same time as he was being discharge.

3.  The applicant provides a copy of his DD Form 256A, dated 31 March 1970.

4.  Review of the applicant’s service record shows:

	a.  He was inducted into the Army of the United States on 16 April 1964.  

	b.  Unit Orders Number 57, issued by the 597th Transportation Company, Fort Eustis, VA on 16 December 1964, announced his promotion to PFC/E-3.

	c.  He was honorably released from active duty on 4 April 1966, as an overseas returnee, and he was transferred to the U.S. States Army Reserve (USAR).  His DD Form 214 shows he completed 1 year, 11 months, and 19 days of active service.  This form also shows in:
* Item 3a (Grade, Rate, or Rank) – PFC E-3 (P (Permanent))
* Item 3b (Date of Rank) – 16 December 1964

	d.  On 7 July 1966, USAR Order Number F-125287, issued by the U.S. Army Administrative Center, St. Louis, MO transferred him from the USAR Control Group (Annual Training) to the Army National Guard (ARNG).  The orders show his rank/pay grade as PFC/E-3.

	e.  Unit Orders Number 5, issued by the 1438th Engineer Company, Missouri Army National Guard (MOARNG) on 3 May 1967, announced his promotion to SP4/E-4.

	f.  Special Orders Number 61, issued by The Adjutant General’s Office on 24 June 1968, announced his discharge from the MOARNG and assignment to the USAR Control Group (Standby Reserves).  The orders show his rank/pay grade as SP4/E-4.

	g.  He received a DD Form 256A, dated 31 March 1970, from the USAR showing his rank as SP4.

5.  By regulation (AR 635-5), 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.  The following items of the DD Form 214 will show:

* Item 3a – the active duty rank/pay grade at time of separation
* Item 3b – the effective date of the rank/pay grade

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  The applicant’s contentions were carefully considered.  Evidence of record shows he was promoted to the rank of SPC after the period of service covered by the DD Form 214.  The Board agreed there was no error or injustice in this case as the separation document shows the circumstances at the time the document was created.


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 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.  It also stated:

* Item 3a –would list the active duty rank/pay grade at time of separation
* Item 3b – would list the effective date of the rank/pay grade in item 3a

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170006773


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