ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
 BOARD DATE:  4 October 2019 
DOCKET NUMBER: AR20170015590

APPLICANT REQUESTS: correction to his rank from Corporal to Sergeant on his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Promotions Orders
*	United States Army Reserve (USAR) Discharge Orders
   *	Letter from National Personnel Records Center (NPRC) 
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 (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 he would like for his rank to be corrected on his DD Form 
214 from Corporal to Sergeant/E-5. He would like for his cemetery marker to be 
correct.

3.	The applicant provides:

   a.	His DD Form 214, for the period ending 6 November 1956, which shows his 
grade as Corporal.

   b.	Promotion orders, dated 19 September 1957, which shows he was promoted 
to Sergeant/E-5.

   c.	USAR Discharge Orders, dated 31 October 1962, which shows his grade as 
Sergeant/E-5.
   


   d.	A copy of his Honorable Discharge Certificate, which shows his grade as 
Sergeant/E-5.

   e.	A letter from the National Personnel Records Center notifying the applicant of 
possible fire damage to his records.

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

   a.	He was inducted into the Army of the United States on 18 November 1954 
according to his DD Form 214. It also shows he was honorably released from active 
duty on 6 November 1956 and transferred to the United States Army Reserve 
(USAR).  In block 3 (Grade, Rate or Rank) it shows Corporal/E-4. He completed
1 year, 11 months and 19 days of net active service with no lost time.

   b.	On 31 October 1962, he received orders discharging him from the USAR 
Control Group (Standby). His grade/rank is listed as Sergeant/E-5 and the type of 
discharge received was honorable.

4.	By regulation, the DD Form 214 is a summary of the Soldier's most recent period 
of continuous active duty. It provides a brief, clear-cut record of all current active, 
prior active, and prior inactive duty service at the time of release from active duty, 
retirement, or discharge. The information entered thereon reflects the conditions as 
they existed at the time of separation

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted.  The applicant’s contentions were carefully considered.
Evidence of record shows he was promoted in the USAR after the period covered by 
the DD Form 214. The Board agreed records must reflect the conditions and 
circumstances that existed at the time the records were created. There was no error 
or injustice in this case.

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.
12/4/2019






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 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, prescribed the separation documents which are prepared for 
individuals upon retirement, discharge, or release from active military service or 
control of the Active Army. It establishes standardized policy for preparing and 
distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty).


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