ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	I	BOARD DATE:  19 February 2019

	DOCKET NUMBER:  AR20170017439


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Report of 
Separation from Active Duty) to show he was released from active duty in the 
rank/grade of sergeant (SGT)/E-5 instead of private (PV1)/E-1.  He further requests to 
show he was honorably discharged in 1986 vice 1983.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Equipment Receipt
*	DA Form 428 (Application for Identification Card)
*	Permanent Orders 1-30
*	Department of Veterans Affairs Form 29-8286 (Servicemen’s Group Life 
Insurance)

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 enlisted in the Army National Guard on 13 July 1977.  He entered 
active duty on 25 September 1977 and he was honorably released from active duty on 
23 February 1978.  The DD Form 214 he received shows he was released from active 
duty in the rank/grade of PV1/E-1.

3.  Orders 100-3 issued by Headquarters, First Battalion (Mechanized) 184th Infantry on 
27 October 1986 reduced the applicant in rank/grade from private first class/E-3 to 
private (PV2)/E-2.

4.  The applicant's records contain National Guard Bureau Form 22 (Report of 
Separation and Record of Service) which shows he was discharged on 22 December 
1986 in the rank/grade of PV2/E-2.

5.  Orders 0-07-058238 issued by U.S. Army Reserve Personnel Center on 5 July 1989 
honorably discharged the applicant from the Ready Reserve effective 12 July 1989 in 
the rank/grade of PV2/E-2.

6.  The applicant provides the following documents that show his rank/grade as  
SGT/E-5:

     a.  an equipment receipt, which records his rank as SGT/E-5; this receipt does not 
include a date,

     b.  Permanent Orders 1-30, dated 24 March 1984, 

     c.  DA Form 428 (Application for Identification Card), dated 18 August 1984, and

     d.  Department of Veterans Affairs Form 29-8286 (Servicemen’s Group Life 
Insurance), dated 7 December 1985.

7.  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.
BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board determined that 
relief was not warranted because he got promoted while serving in the National Guard 
and did not perform another 90 days of active military service after being promoted, 
which would require the publishing of a new DD214.

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.

	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



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 635-5 (Separation Documents) establishes the standardized policy 
for preparing and distributing the DD Form 214.  The purpose of the separation 
document is to provide the individual with documentary evidence of his or her military 
service.  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, and is not intended to have 
any legal effect on termination of a Soldier's service.  

ABCMR Record of Proceedings (cont)	 AR20170017439

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