ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  20 August 2019

	DOCKET NUMBER:  AR20170017059


APPLICANT REQUESTS:  correction to his grade on his DD Form 214 (Report of Separation from Active Duty) from “E-3” to “E-4.”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Special Orders Number 54

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 to Specialist/E-4 on 1 March 1974, as shown on Special Orders Number 54.

3.  The applicant provides a copy of Special Orders Number 54, dated 19 March 1974, which reflects he was appointed to Specialist-4/E-4, by the commander of Delta Battery, 1st Battalion, 5th Field Artillery, with a date of rank of 1 March 1974.

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 entered into the Army of the United States on 26 June 1972, with the military occupational specialty of 13A (Field Artillery Basic).

   c. Special Orders Number 54, dated 19 March 1974, reflects he was appointed to the grade of Specialist-4/E-4.
   
   d. He was relieved from active duty and transferred to the United States Army Reserve (USAR) on 27 March 1974 with an honorable character of service.  It also shows his rank as Private First Class/E-3.    

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 determined that relief was warranted.  Based upon Special Order Number 54, dated 19 March 1974, which was found in the applicant’s military service record showing he was promoted from Private First Class to Specialist, the Board concluded that the rank reflected on the applicant’s DD Form 214 was an error and should be corrected.

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 changing his rank to Specialist/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)	 AR20170017059


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