ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS

IN THE CASE OF: 
BOARD DATE: 28 August 2019 
DOCKET NUMBER: AR20170008034

APPLICANT REQUESTS: his DD Form 214 (Armed Forces of the United States Report 
of Transfer or Discharge) show the rank/grade of private first class (PFC)/E-3 vice 
private (PVT)/E-1.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military 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 that he would like his DD Form 214 to reflect in item 5a (Grade, 
Rate or Rank) PFC and Item 5b (Pay Grade) E-3.

3.	A review of the applicant’s service record shows the following:

   a.	He enlisted in the Regular Army (RA) on 13 September 1966.

b.	He served in Vietnam from December 1967 to December 1968.

   c.	DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointment and 
Reductions) that the applicant was promoted to private/E-2 on 19 September 1969 and 
to PFC on 9 November 1971.

   d.	Unit Orders Number 7, dated 18 April 1967, shows the applicant was promoted to 
PFC.

   e.	He accepted non judicial punishment on 9 July 1967. His punishment included 
reduction to the grade of private/E-2.
   


   f.	Unit Orders Number 34, dated 10 July 1967, shows the applicant was reduced in 
grade to private/E-2.

   g.	Special Orders Number, dated 22 March 1968, shows the applicant was 
promoted to specialist/E-4.

   h.	DA Form 20B (Insert Sheet to DA Form 20 Record of Court-Martial Conviction), 
shows that the applicant was convicted of one specification of wrongful possession of 1 
gram of marijuana, and one specification of wrongfully introducing 1 gram of marijuana 
into a military unit for use by himself.  The summary court-martial was adjudged on
10 September 1968.  His punishment included reduction in grade to private/E-1.

   i.	Special Orders Number 223, dated 19 September 1968, releases the applicant 
from active duty effective 19 September 1969.

   j. He was released from active duty on 19 September 1969. His DD Form 214 
shows in item 5a private and item 5b E-1.

4.	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. Blocks 5a (Grade, Rate or Rank) and 5b (Pay 
Grade) show the rank/grade at the time of separation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted. Based upon evidence in the record showing reductions in 
rank as a result of misconduct and the reduced rank matching the reflected rank on his 
DD Form 214, the Board concluded that the rank currently reflected is accurate and 
correct. The Board did note that the applicant later got promoted back to PFC while 
serving in the USAR, however that was after the last date of active service reflected on 
the DD Form 214; therefore, the Board found no error or injustice which would warrant 
making a change to the applicant’s rank.



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.
10/28/2019

CHAIRPERSON                                
Signed by: 
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) states 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. It further states 
item 5a (Grade, Rate or Rank) and Item 5b (Pay Grade) show the rank/grade at the 
time of separation, and date of that rank.