ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 June 2019

	DOCKET NUMBER:  AR20170008616


APPLICANT REQUESTS:  that his rank at separation be corrected to sergeant (SGT)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

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

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 held the rank of SGT when he separated from the Army.

3.  The applicant provides a copy of his Unit Order Number 61, dated 15 September 
1970, which appointed him to the rank/grade of SGT/E-5. 

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

     a.  He was inducted into the Army of the United States on 13 March 1969.

     b.  He was promoted to the rank/grade of specialist five (SP5)/E-5 on 27 July 1970.

     c.  He was appointed to SGT/E-5 on 15 September 1970.

     d.  On 24 December 1970, he cleared post.  The DA Form 137 (Installation 
Clearance Record), signed by his company commander, shows his grade as SGT.  His 
conduct and efficiency are both noted as “excellent.”

     e.  On 28 December 1970, a DA Form 2376 (Notification to State Adjutants General 
Release from Active Duty of Obligated Reservist) was dispatched to The Adjutant 
General of the State of Illinois informing him that applicant should arrive home on or 
about 8 January 1971.  The form shows applicant’s grade as SGT. 

     f.  Special Orders Number 363, dated 29 December 1970, relieved him from active 
duty and directed his transfer to the United States Army Reserve (USAR).  The orders 
reflect his rank as SGT.

     g.  The applicant’s DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge) transferred him to the USAR Control Group (Annual Training), 
effective 29 December 1970.  His character of service was honorable.  Item 5a (Grade 
Rate or Rank) reads SP5.

5.  By regulation, enter grade in which serving at time of separation indicating whether 
permanent or temporary.  Pay grade will also be shown.  Example:  “MSgt (P) (E-7)” or 
“MSgt (T) (E-7).”
     
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The applicant’s contentions were carefully considered.  He was 
promoted to the rank of SP5/E-5 on 27 July 1970.  He was subsequently appointed to 
the rank of SGT/E-5 on 15 September 1970.  His separation document shows the rank 
of SP5.  His record is absent evidence showing he was laterally appointed back to SP5 
before separation.  Based upon the preponderance of evidence, the Board agreed the 
record should show he was a SGT at the time of his discharged.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by amending his DD 
Form 214 for the period ending 29 December 1970 by showing his rank as SGT instead 
of SP5.
	  
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) 15-185, (Boards, Commissions, and Committees—Army 
Board for Correction of Military Records), provides Department of the Army policy, 
criteria, and administrative instructions regarding an applicant’s request for correction of 
a military record.  Paragraph 2-9 states the ABCMR begins its consideration of each 
case with the presumption of administrative regularity.  The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.

3.  AR 635-5, (Personnel Separations—Administrative Separation Procedures and 
Forms), in effect at the time, established uniform administrative procedures and forms to 
be used in conjunction with relief from active duty or complete separation from military 
service.  Instructions for the preparation of DD Form 214 directed entry of the rank and 
grade in which serving at the time of separation along with indicating whether 
permanent or temporary.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170008616

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