ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF:
BOARD DATE: 4 October 2019 
DOCKET NUMBER: AR20170016198

APPLICANT REQUESTS: correction of his rank/grade on his DD 214 (Report of 
Separation from the Armed Forces of the United States) from Private First Class/E3 
to Corporal/E4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

      *	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Honorable Discharge Certificate
      *	self-authored letter 
FACTS:
1.	The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), and 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 should have been promoted to corporal while 
hospitalized for his right thigh wound.

3.	The applicant provides:

   a.	A copy of his DD Form 214 showing his service from 29 November 1950 to 
18 October 1952.

b.	A copy of his honorable discharge certificate, dated 21 September 1956.

   c.	A self-authored letter, stating he was a private first class (PFC) when he 
joined Company K Cavalry Regiment. When he was wounded and in the United 
States Army Hospital Osaka, Japan, he was promoted but his records show it was 
PFC again.  He should have been a corporal.
   


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

   a.	He was inducted into the Army of the United States on 29 November 1950:

   b.	His service record contains DD Form 230 (Service Record), section 12 
(Appointments, Promotions or Reductions) tracks the applicants grade or ratings. 
His highest grade or rating shows he was a PFC/E-3.

   c.	His record contains a memorandum transferring him to the U.S. Army 
Reserve, dated 17 October 1952, issued by Headquarters, Camp Stoneman, CA, 
the applicant’s rank/grade is shown as PFC.

5.	On 18 October 1952, the applicant was honorably released from active duty. His 
DD Form 214 shows his grade-rate as PFC (Temporary (T)). He served 1 year, 10 
months and 20 days.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was not warranted. The applicant’s contentions were carefully considered. He 
contends he should have been promoted while hospitalized. There was no provision 
in regulatory guidance during the time in which he served showing members receive 
automatic promotions while hospitalized. The Board agreed that his record is absent 
evidence showing he was promoted to the rank of CPL, and that 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 (Separation Documents) in effect at the time states 
the DD Form 214 is a summary of a Soldier’s most recent period of continuous 
active duty. It provides a brief, clear-cut record of active duty service at the time of 
release from active duty, retirement, or discharge. It states for: Item: 3a, Grade- 
Rank: Enter grade in which serving at time of separation indicating whether 
permanent or temporary. Pay grade will also be shown. Example: "MSgt (P) (E-7)" 
or "MSgt (T) (E-7).

NOTHING FOLLOWS