ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  12 November 2019

	DOCKET NUMBER:  AR20170008282


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Separation 
from the Armed Forces of the United States) to change Item 3 (Grade, Rate, Rank 
and date) from private first class/E-3 to corporal/E-4.

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 (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 he would like an upgrade from private first class/E-3 to 
corporal/E-4.  It was offered to him one time by his sergeant, so he now feels it’s 
important to him to be upgraded.  He picked up a weapon and fought for our 
freedom.

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

	a.  The applicant’s records are void of enlistment documents and are not 
available for the Board to review.

	b.  His DD Form 214 shows he enlisted in the Regular Army on 8 April 1947.

	c.  On 7 April 1950, his DD Form 214 shows that he received a general discharge 
from active duty as a private/E-1.  
	
	d.  He enlisted in the Regular Army on 31 July 1950.

	e.  He was released from active duty on 2 July 1951.  His DD Form 214 shows 
item 3 (Grade, Rate, Rank and date of appointment), PFC with a date of rank of 
23 October 1950.  It also shows that he completed 3 years, 10 months and 10 days 
of active duty service.

   f.  After an exhaustive search, no evidence was found verifying the applicant’s 
promotion to corporal.

4.  Army Regulation 635-5 (Separation Documents) prescribed the policies and 
procedures for the preparation of separation forms.  The DD Form 214 is a summary 
of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-
cut record of active duty service at the time of release from active duty, retirement, 
or discharge.  Item 3 of the DD Form 214 shows the grade and date of rank of the 
grade held at the time of separation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the 
relief was not warranted.  Based upon the documentary evidence provided by the 
applicant and found within the military service record, the Board found insufficient 
evidence to show that the applicant was promoted to the rank of Specialist E4 during 
his period of military service.  As such, the Board concluded there is insufficient 
evidence of an error or injustice which would warrant a correction to the record.

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 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 635-8 (Separation Processing and 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.  
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 states for block 4 (Grade, Rate or Rank), verify that active 
duty grade or rank and pay grade are accurate at time of separation.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170008282

3

1