ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:  

                  BOARD DATE:  13 June 2019

                  DOCKET NUMBER:  AR20180004156

APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to reflect his rank as Specialist 5 (SP5).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	letter from Ottawa County Veterans

FACTS:

1.  The applicant did not file within the time frame provided in the statute of                         
limitations; however, the Army Board for Correction of Military Records has elected to 
conduct a substantive review of this case and has determined it is in the interest of 
justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

*	he was promoted to SP5 also known as Sergeant (SGT)
*	his records reflect Specialist 4/SP4
*	he would like his official military records to accurately reflect his service

3.  The applicant provides a letter from a Service Officer with the Ottawa County 
Veterans.  The service officer submitted the application on behalf of the applicant.

4.  The applicant's service records contain:

*	an Enlisted Qualification Record, item 33 (Appointments and Reductions) shows 
the applicant's rank as SP4
*	Unit Orders Number 69, dated 6 July 1968 shows the applicant promoted to SP4
*	Special Orders Number 64, transferred him to the US Army Reserve (USAR) 
effective 26 March 1971 in the rank of SP4
*	his DD Form 214 lists his rank as SP4
*	Order Number 04-1083231 on 1 May 1973 discharged him from the USAR in the 
rank of SP4

5.  The applicant's record is of void of, and the applicant did not provide, evidence of a 
promotion to SP5.  

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  It establishes standardized policy for the 
preparation of the DD Form 214, which provides a brief, clear-cut record of active Army 
service at the time of release from active duty, retirement or discharge.  It states in 
blocks 5a-c, enter the active duty grade, rank and pay grade held 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 found that the applicant did not provide 
and the record holds no evidence that he was ever promoted or served in the 
rank/grade of SP5.  The highest grade/rank evident in the applicant’s service record is 
SP4.  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

:XXX	:XXX	:XXX	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 NOTES:  Not applicable.

REFERENCES

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-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) prescribes the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  It establishes standardized policy for the 
preparation of the DD Form 214, which provides a brief, clear-cut record of active Army 
service at the time of release from active duty, retirement or discharge.  It states in 
blocks 5a-c, enter the active duty grade, rank and pay grade held at the time of 
separation.

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	 	 AR20180004156
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