ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  10 June 2019

	DOCKET NUMBER:  AR20180001477


APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his rank/pay grade to SGT/E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Defense Finance and Accounting Service Military Leave and Earnings Statement 
(LES) for the period covering 1-29 February 1996

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 last pay check was for E-5 pay and, therefore, his                         
DD Form 214 should have reflected E-5 as well. 

3.  The applicant provides a copy of LES (pay voucher) which shows he received pay at 
the grade of E-5 for the period ending 29 February 1996.

4.  His service record contains a DA Form 4187 (Personnel Action) dated 1 March 1996 
requesting reduction from the rank of SGT to the rank of Private (PVT) E-1 under the 
provision of Army Regulation 600-8-19, chapter 6, section 1, paragraph 6-1(e), with an 
effective date of 22 February 1996.

5.  Orders 061-2205 issued by Headquarters, US Infantry Center, on 1 March 1996 lists 
his rank as “PV1” and reassigns him to the transition point for discharge.  On                                 
8 March 1996, a DD Form 214 was issued which shows in: 

*	items 4a (Grade, Rate, or Rank) and 4b (Pay Grade), “PV1” “E1”
*	item 12c (Net Active Service This Period), “15 years 8 months, and 17 days” 
*	item 24 (character of Service), “UNDER OTHER THAN HONORABLE 
CONDITIONS”
*	item 25 (Separation Authority), "AR 635-200, CHAP 10”
*	Item 26 (Separation Code), "KFS"
*	Item 27 (RE Code), "3"
*	Item 28 (Narrative Reason for Separation), "IN LIEU OF TRIAL BY COURT-
MARTIAL"

6.  Please see applicable regulations below.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The Board found that the applicant was reduced 
from SGT/E-5 to PVT/E-1 in March 1996 and was then discharged under Chapter 10, in 
lieu of trial by court-martial.  The DD Form 214 correctly shows the applicant’s rank as 
PVT/E-1 at the time of the applicant’s discharge.  Therefore, the Board found no basis 
to grant relief.

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 (AR) 635-5 (Separation Documents), then in effect, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or release from 
active military service or control of the Army.  It states the DD Form 214 is a synopsis of 
the Soldier's most recent period of continuous active service.  It provides a brief, clear-
cut record of active Army service at the time of release from active duty, retirement, or 
discharge.  For item 4 (a and b) GRADE, RATE or RANK and PAY GRADE, enter 
active duty grade or rank and pay grade at time of separation.

3.  AR 600-8-19 (Enlisted Promotions and Reductions), section 1, paragraph 6-1 
(Reductions) states in subparagraph (e) that when the separation authority determines 
that a soldier is to be discharged from the Service under other than honorable 
conditions, they will be reduced to the lowest enlisted grade.  Board action is not 
required for this reduction.  The commander having separation authority will, when 
directing a discharge under other than honorable conditions, or when directed by higher 
authority, direct the Soldier to be reduced to private, E–1.  //NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180001477

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