ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  20 August 2019

	DOCKET NUMBER:  AR20170013512


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 “CPL.”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* (Partial) Military Personnel File

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, he was promoted prior to his discharge from acting Corporal to Corporal.  Therefore, his rank on his DD Form 214 is incorrect.

3.  The applicant provides a partial copy of his military personnel file, also known as the 201 file.  His file contains the following documents:

   a. Letter addressed to his parents, written by the company commander of the Landstuhl Army Medical Center (LAMC), dated 10 February 1969, informing them that the applicant was selected Military Policeman of the Month.
   
   b. Special Orders Number 117, dated 27 May 1970, reassigning him to the Transition Point for separation processing.
   
   c. Unit Orders Number 117, dated 1 July 1970, promoting him to corporal (permanent), effective the date of the order.
   
   d. LAMC letter of appreciation, dated 14 July 1970, commending him for his performance as a senior military policeman.
   
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 enlisted in the Regular Army on 27 July 1967, with the military occupational specialty of 95B (Military Policeman).
   
   c. He was released from active duty and transferred to the United States Army Reserve (USAR) on 17 July 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.  Based upon the Unit Orders Number 46, dated 1 July 1970, showing the applicant being promoted to the rank of Corporal, the Board recommended changing the rank depicted to his DD Form 214. 

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 his rank as Corporal/E4.
	 
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.



ABCMR Record of Proceedings (cont)	 AR20170013512


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