ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   

                   BOARD DATE:  22 January 2019  

                   DOCKET NUMBER:  AR20170010636


APPLICANT REQUESTS:  Correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show his rank/grade as sergeant (SGT)/E-5. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214

FACTS:

1.  The applicant did not file within the 3-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 prior to being discharged he was reduced to E-4 temporarily.  
His grade of E-5 was to be restored upon his discharge.  At the time of discharge, he 
was glad to be out.  Now he would like his true rank restored.

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

*	2 April 1965, he was promoted to specialist five (SP5)(T) by Special Order (SO) 
Number 64, issued by Headquarters, 54th Engineer Battalion per DA Form 20 
(Enlisted Qualification Record) item 33 (Appointments and Reductions) 24 June 
1965,he accepted non-judicial punishment (NJP) under the provisions of Article 
15 of the Uniform Code of Military Justice (UCMJ) for disorderly conduct with  
reduction to SP4 suspended until 3 September 1965
*	7 August 1965, his punishment was vacated by his senior commander and he 
was reduced to SP4
*	11 August 1965,SO Number 156 reduced him to SP4 by reason of misconduct
*	2 September 1965, accepted NJP under the provisions of Article 15 of the UCMJ 
for being absent from his place of duty with reduction to the rank/grade of private 
first class (PFC)/E-3 to be suspended until 2 December 1965 and forfeiture of 
pay
*	his record is void of any orders indicating he was permanently promoted to SGT

4.  On 19 January 1966, he was honorably released from active duty.  His DD Form 214 
shows in item:

*	3(a) (Grade, Rate or Rank) SP4/E-4 (T)
*	3(b) (Date of Rank) 24 June 1965

5.  His DA Form 20 item 33 (Appointments and Reductions) shows he had the rank of 
SP4/E-4 (P) USAR.

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence 
in the service record, applicable regulations, policy, and guidance.  The service record 
indicates the applicant was reduced to SP4 by reason of misconduct on 11 August 1965 
(SO Number 156).  On 2 September 1965, he accepted NJP under the provisions of 
Article 15 of the UCMJ with reduction to the rank/grade of private first class (PFC)/E-3 
to be suspended until 2 December 1965 and forfeiture of pay.  He separated on 19 
January 1966.  There are no orders in the service record indicating he was permanently 
promoted to SGT.  Therefore the Board finds there is no evidence of an error, and 
denies the applicant’s request to correct his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show his rank/grade as sergeant (SGT)/E-5.

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):

Not applicable
?
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 635-5 (Personnel Separations) in effect at the time prescribe forms 
to be used in the separation of Army personnel and are applicable to all officer and 
enlisted personnel on active duty.  The purpose of the DD Form 214 is to provide an 
individual with documentary evidence of his military service.  Source documents will 
consist of DA Form 20 and all available records.

*	item 3(a) enter the grade in which serving at the time of separation, indicating 
whether permanent or temporary 
*	item 3(b) enter the date of rank for the grade shown in item 3(a), if the date of 
rank is different from date of appointment or if the grade at time of separation is 
not permanent, the permanent grade and date of rank will be entered in item 32 
(Remarks)

ABCMR Record of Proceedings (cont)	AR20170010636
	
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