ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  17 May 2019

	DOCKET NUMBER:  AR20180000451


APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his rank as sergeant (SGT)/E-5 instead of corporal 
(CPL)/E-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Orders Number 170-307, dated 5 September 1989
*	DA Form 4187 (Personnel Action)
*	Orders Number 87-24, dated 1 May 1990

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 in effect, his record is incorrect because his primary Military 
Occupational Specialty (MOS) was 11B (Infantryman) and was not changed until                
1 May 1990.  He submitted a DA Form 4187 to have his MOS changed to 63J 
(Quartermaster and Chemical Equipment Repairer).  He was still an 11B until                              
1 May 1990.  He was promoted on 5 September 1989 and reclassified his MOS in                                                    
June 1989 and his MOS change was backdated to when he completed the                                    
DA Form 4187 to when he changed his MOS.  He is not seeking back pay, just his rank 
and grade.

3.  A review of the applicant’s service records show the following on:

*	27 February 1985 – enlisted in the Regular Army, in conjunction with this 
enlistment DA Form 3286-40 (Statements for Enlistment) was completed 
showing the applicant enlisted for career management field 11 (Infantry) 
*	9 September 1987 – the applicant was recommended for promotion in the 
secondary zone to SGT in MOS 11B
*	5 September 1989 – Orders Number 170-307, issued by 509th Personnel 
Service Company, promoted the applicant to SGT in MOS 11B effective 
5 September 1989
*	Undated Orders – Orders Number 61-3, issued by 9th Personnel Service 
Company, Fort Lewis, WA, revoked Orders Number 170-307 pertaining to the 
applicant’s promotion to SGT
*	1 May 1990 – Orders Number 87-24, issued by Headquarters 2nd Infantry 
Division, awarded the applicant MOS 63J and withdrew MOS 11B effective 
14 June 1989
*	15 June 1992 – the applicant was honorably released from active duty, DD Form 
214 shows in item 4a (Grade, Rate or Rank) CPL, and item 4b (Pay Grade) E4

4.  The applicant provides DA Form 4187 showing the request to award 63J as his 
primary MOS and 11B as his secondary MOS.

5.  Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation 
documents which are prepared for individuals upon retirement, discharge, or
release from active military service or control of the Army.  Source documents will 
consist of DA Form 2-1 (Personnel Qualification Record), separation orders, and any 
other available record.  Item (4a and b), enter the active duty grade or rank and 
paygrade at the time of separation.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The Board agreed that the official record shows that 
the applicant’s promotion orders to sergeant/E-5 were revoked on 5 September 1989 
and there is a lack of evidence of subsequent promotion orders restoring the rank of 
sergeant/E-5.  Therefore, the Board found no evidence of error on his DD Form 214.?
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 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.  AR 635-5 (Separation Documents) prescribes the separation documents which are 
prepared for individuals upon retirement, discharge, or release from active military 
service or control of the Army.  Source documents will consist of DA Form 2-1, 
separation orders, and any other available record.  Item (4a and b), enter the active 
duty grade or rank and paygrade at the time of separation.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180000451
	
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