ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 June 2019 DOCKET NUMBER: AR20170018494 APPLICANT REQUESTS: his pay grade be increased from private (PVT)/E-1 to private first class (PFC)/E-3 or specialist four (SP4)/E-4. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty 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 his pay grade was reduced due to a disciplinary issue two weeks before his expiration term of service. He did not have an opportunity to defend himself nor oppose his company commander's decision without extending his service obligation. He only asks that his pay grade be reinstated to PFC/E-3 or perhaps promoted to SPC/E-4. All other PFCs with the same time in service as him that reenlisted were automatically promoted to SPC/E-4. He does not want this reinstatement of rank or promotion for no other reason than for his headstone not to be engraved with the PVT/E-1 rank. 3. A review of the applicant’s service records shows the following: a. He enlisted in the Regular Army on 26 November 1985. b. He was promoted to PFC with an effective date of 26 November 1986. c. On 20 October 1987, he was reduced to PVT. The complete facts and circumstances surrounding his reduction are not available for review with this case. However, his DA Form 2-1 (Personnel Qualification Record) section III (Service, Training and Other Dates shows the grade reduction. d. There is no indication in his service record to show he was recommended for or promoted to a higher grade following his reduction. e. On 25 November 1987, the applicant was honorably released from active duty. His DD Form 214 (certificate of Release or Discharge from Active Duty) shows he was separated due to expiration term of service. He completed 2 years of active service. It also shows in: * item 4a (Grade, Rate or Rank), PV1 * item 4b (Pay Grade), E-1 * item 12h (Effective Date of Pay Grade) 20 October 1987 4. By regulation (AR 635-5), 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. * For items 4a (Grade, Rate or Rank) and 4b (Pay Grade), enter the active duty grade and pay grade at time of separation * For item 12h, enter the effective date of the pay grade shown in 4a BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. The Board considered the applicant's statement, his record of service and the information on the applicant’s DD Form 2-1 showing he was reduced in grade to Private E1 on 20 October 1987. The record is absent the reason for his reduction. Based on a preponderance of evidence, the Board concluded that the information currently depicted on the applicant’s DD Form 214 was accurate and correct and that no error or injustice was present which warrants a correction. 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. 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), in effect at the time, provided for the preparation of the DD Form 214. 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. a. Source documents. The Military Personnel Records Jacket, US Army (MPRJ), Official Military Personnel Files (OMPF), DA Forms 2 and 2-1 (Personnel Qualification Record) are the basic source documents for preparing DD Form 214. Personnel officers should also review all available documents such as the DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States), DA Form 3716 (Personal Financial Record, US Army), reassignment orders, enlistment records, and any DD Form 214 for prior service. b. For items 4a (Grade, Rate or Rank) and 4b (Pay Grade) or items 6a and 6b (depending on the year the DD Form 214 was processed), enter the active duty grade and pay grade at time of separation. c. For item 12h (Effective Date of Pay Grade), enter date of rank for grade shown in item 12h.