ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 11 September 2019 
DOCKET NUMBER: AR20180003844

APPLICANT REQUESTS:  his rank be changed to CPL instead of SP4

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record) 
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 while in Korea he was promoted to CPL/E-4 and not SP4/E-4.

3.	A review of the applicant’s service record shows:

   a.	He enlisted in the Army Reserves and later enlisted in the Regular Army on 
10 August 1972.

b.	He served in Korea from 27 July 1974 through 10 September 1975.

c.	He accepted/received non-judicial punishment (NJP) on/for:

*	On 9 April 1973 for unlawfully striking another Soldier in the face while he was 
in execution of his duties on or about 7 April 1973. His punishment consisted 
of reduction to PV2 E-2.
*	On 11 April 1974 for failing to obey a lawful order given by a Non- 
Commissioned Officer on or about 11 April 1974. His punishment consisted 
of reduction to PVT E-1.

   d.	His DD Form 214 (Report of Separation from Active Duty) shows in item 6a. 
(Grade, Rate or Rank), as SP4.
   


   e.	The applicant’s service record does not contain documentation showing his rank 
as CPL.

   f.	On 9 August 1976, he was honorably discharged from active duty. His DD Form 
214 shows he completed 4 years of total service.

4.	Special Regulation (SR) 615-360-1 (Separation of Enlisted Personnel) states to 
enter the grade in which serving at time of separation, indicating whether permanent or 
temporary, and date of appointment.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was not warranted. The applicant’s contentions were carefully considered. His 
record is absent evidence showing he was laterally promoted to CPL when/after 
receiving a promotion to the grade of E-4. The Board agreed there was no error or 
injustice in this case.

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.

X 

CHAIRPERSON
Signed  by:  X
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.	Special Regulation (SR) 615-360-1 states a DD Form 214 is accepted as an official 
record of the enlisted person’s service by the Veterans Administration and other 
agencies to which copies are furnished, care will be exercised in the preparation of the 
form to insure that each page is completely legible to enter the grade in which serving 
at time of separation, indicating whether permanent or temporary, and date of 
appointment.

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