ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:  18 January 2018

                   DOCKET NUMBER:  AR20170014483


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) in items 4a (Grade, Rate or Rank) and 4b (Pay Grade) to 
show his rank/grade as specialist four (SP4)/E-4 instead of private (PV1)/E-1.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Orders Number 024-00252, dated 24 January 1994
*	Reassignment Orders, dated in January 1993
*	Inprocessing checklist, dated 21 January 1993
*	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 items 4a and 4b incorrectly list his rank and grade as PV1/E-2 
and should reflect SP4/E-4.

3.  He enlisted on 29 August 1990.

4.  His record contains a DA Form 4187 (Personnel Action) which shows he was 
promoted to SP4/E-4 effective 29 October 1992.

5.  He provided the following documents, which list his rank/grade as SP4/E-4:

*	Reassignment Orders, dated January 1993
*	Inprocessing checklist, dated 21 January 1993
*	Orders 024-00252, dated 24 January 1994

6.  His DA Form 2-1 (Personnel Qualification Record – Part II), dated 19 January 1993, 
shows his rank as SP4/E-4 and his date of rank as 1 October 1992.

7.  A DA Form 268 (Report to Suspend Favorable Personnel Action (FLAG)) shows a 
nontransferable flag for Army Physical Fitness Test (APFT) failure was initiated on 
3 March 1994 and approved on 7 March 1994.

8.  His Personnel Qualification Record, Part I, prepared on 29 April 1994 shows he was 
ineligible for reenlistment, his rank/grade was PV1/E-1 and his date of rank was 
18 March 1994.

9.  Orders 196-1159, dated 15 July 1994 reassigned his to the transition point to be 
processed for his release from active duty.  These orders show his rank/grade as 
PV1/E-1.

10.  His DD Form 214 shows he was honorably released from active duty on 26 August 
1994, by reason of completion of required active service, and contains the following 
entries:

*	items 4a and 4b show his rank and grade as PV1/E-1
*	item 12h (Effective Date of Pay Grade) contains the date 18 March 1994
*	item 27 (Reentry Code) contains the entry "3," meaning he was ineligible for 
reentry unless he received a waiver

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence 
in the service record, and applicable regulations, policies, and guidance.  The record 
shows he was promoted to SPC/E4 on 29 October 1992.  He received a FLAG 7 March 
1994 due to APFT failure.  All subsequent available records (Personnel Qualification 
Record, transition orders, and DD Form 214) all reflect the applicant’s rank as PV1/E-1.
Therefore the Board finds that the preponderance of evidence shows that applicant’s 
rank was PV1/E-1 at the time of separation and denies the request to amend his DD 
Form 214 in items 4a (Grade, Rate or Rank) and 4b (Pay Grade) to show his rank/grade 
as specialist four (SP4)/E-4.




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.

SIGNATURE:

				  
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 (Personnel Separations – Separation Documents), in 
effect at the time provided for the following entries on the DD Form 214:

*	items 4a (Grade Rate or Rank) and 4b (Pay Grade) – enter the active duty grade 
or rank and pay grade at the time of separation
*	item 12h (Effective Date of Pay Grade) – enter the effective date of promotion to 
pay grade

ABCMR Record of Proceedings (cont)	 AR20170014483

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