ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  
	BOARD DATE:  27 September 2019

	DOCKET NUMBER:  AR20170010801


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to change item 5a (Grade, Rate or Rank) from 
specialist to sergeant, item 5b (Pay Grade) from E-4 to E-5, and item 6 (Date of Rank) 
from 17 November 1971 to 15 October 1971.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Copy of Special Orders Number 288, dated 15 October 1971

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 on his DD Form 214 he is listed as a specialist/E-4 and he 
was promoted on 15 October 1971 to sergeant/E-5.  The incorrect rank and grade is 
listed on his DD form 214.

3.  The applicant provides a copy of his Special Order Number 288, dated 
15 October 1971 that shows the applicant was promoted to the sergeant/E-5 effective 
15 October 1971.

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

	a.  He was inducted into the Army of the United States on 15 April 1970.

	b.  DA Form 20 (Enlisted Qualification Record) shows in item 2 (Grade) 
specialist/E-4.

	c.  Special Orders Number 288, dated 15 October 1971, shows that the applicant 
was promoted to the rank of sergeant/E-5 effective 15 October 1971.

	d.  His was transferred to the U.S Army Reserve on 17 November 1971.  His 
DD Form 214 shows in item 5a specialist and item 5b E-4 with an effective date of rank 
of 17 March 1971.

5.  By regulation, Army Regulation (AR) 635-5 (Separation Documents) 

*	Item 5a, (Grade, Rate or Rank) enter active duty grade or rank at time of 
separation
*	Item 5b, (Pay Grade) enter active duty pay grade at the time of separation
*	Item 6, (Date of Rank) enter the effective date of promotion to pay grade

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that 
relief was warranted.  Based upon the promotion numbers (Special Orders #288), the 
Board concluded that the rank and date of rank of the applicant which is reflected on his 
DD Form 214 was an error which warranted correction.  As a result, the Board 
recommended granting the requested relief.

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 
Army records of the individual concerned be corrected by amending the applicant’s DD 
Form 214 by changing:
*	(Item 5a) Grade, Rate or Rank to read:  “SGT”
*	(item 5b) Date of Rank to read:  “15 Oct 71”
	  
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.  By regulation, Army Regulation (AR) 635-5 (Separation Documents) 

*	Item 5a, (Grade, Rate or Rank) enter active duty grade or rank at time of 
separation
*	Item 5b, (Pay Grade) enter active duty pay grade at the time of separation
*	Item 6, (Date of Rank) enter the effective date of promotion to pay grade


ABCMR Record of Proceedings (cont)	 AR20170010801
	
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