ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 October 2019

	DOCKET NUMBER:  AR20170010929


APPLICANT REQUESTS:  correction to his rank on his DD Form 214 (Armed Forces of 
the United States Report of Transfer or Discharge) from “SP4” to “SGT.”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Special Orders Number 86, dated 27 March 1970
*	DD Form 214

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, in effect, his DD Form 214 did not reflect his promotion to 
sergeant (SGT) per the approved orders.  His DD Form 214 should be corrected to 
correspond with his Army records.

3.  The applicant provides Headquarters U.S. Army Support Command Special Orders 
Number 86, dated 27 March 1970, reflect he was appointed to Sergeant with an 
effective date of 6 March 1970.
   
4.  A review of the applicant’s service record shows:

   a.	The complete facts and circumstances surrounding the applicant’s military 
service are not available to the Board for review with this case.

   b.	However, he was inducted the Army of the United States on 5 August 1968, with 
the military occupational specialty of 05C (Radio Telephone Operator).
   
   c.	He was released from active duty and transferred to the United States Army 
Reserve (USAR) on 8 April 1970.  His DD Form 214 shows he was released under the 
provisions of Army Regulation 635-200, separation program number (SPN) 411, early 
separation of overseas returnee, and his service was characterized as honorable.  It 
also shows his rank as Specialist-4/E-4.    

5.  Army Regulation (AR) 635-5 (Personnel Separations – Administrative Separation 
Procedures and Forms), establishes uniform administrative procedures and separation 
forms to be used in connection with the relief from active duty or complete separation 
from the military service of commissioned officers, warrant officers, and enlisted 
personnel.

6.  The Board should consider the applicant’s petition and his service record in 
accordance with the published equity, injustice, or clemency determination guidance.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The applicant’s contentions were carefully considered.  Evidence of 
record shows he received promotions orders to the rank of SGT; however, his rank was 
listed as SP4.  His record is absent information showing he was demoted from SGT to 
SP4 prior to his separation.  The Board agreed his DD Form 214 should reflect his rank 
as SGT.


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 8 April 1970 by showing his rank as SGT/E-5 with a 6 March 
1970 date of rank.

	  
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) 635-5, establishes uniform administrative procedures and 
separation forms to be used in connection with the relief from active duty or complete 
separation from the military service of commissioned officers, warrant officers, and 
enlisted personnel.

   a.	Appendix III, paragraph 1a, states that the purpose of the DD Form 214 is to 
provide the individual with documentary evidence of active military service and to 
furnish a vital record for interested government agencies which assist the individual in 
obtaining the rights and benefits which may accrue to him as the result of such service. 
   
   b.	Section 3, paragraph 21b, Enlisted personnel, specifies that the grade in which 
serving at the time of separation indicating whether permanent or temporary will be 
entered in item 5a (grade, rate or rank) on the DD Form 214.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170010929

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