ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 August 2019 DOCKET NUMBER: AR20180004159 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank/grade as specialist five (SP5)/E-5 instead of specialist four (SP4)/E-4. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Achievement, dated 1 August 1968 * Special Orders (SO) Number 96, dated 23 April 1969 * DD Form 214, dated 25 April 1969 * Memorandum, Subject: Screening the Standby Reserve, dated 7 March 1971 * DD Form 1351-2 (Travel Voucher or Subvoucher), dated 20 April 1971 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 his DD Form 214 shows he separated as a SP4. He wants it corrected so his Veterans Affairs provided tombstone will have his correct rank engraved on it. 3. A review of the applicant’s service records show the following on: * 27 April 1966 – the applicant enlisted in the Regular Army * 22 May 1967 – Unit Orders Number 24, issued by the 610th Engineer Company, Fort Irwin, CA, promoted the applicant to the rank of SP4 * 9 July 1968 – SO Number 191, issued by the 87th Engineer Battalion, appointed the applicant to the temporary rank of SP5 * 25 April 1969 – the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), DD Form 214 shows in item: * 5a (Grade, Rate or Rank) SP5 Temporary * 30 (Remarks) SP4 Permanent, date of rank 27 May 1967 4. The applicant provides: * Certificate of Achievement showing his rank as SP5 * SO Number 96 showing he was released from active duty in the rank of SP5 * Memorandum, Subject: Screening the Standby Reserve with emphasis on his rank as a SP5 * DD Form 256A showing his discharge rank as SP5 * DD Form 1351-2 showing his rank as SP5 5. Army Regulation (AR) 624-200 (Appointment and Reduction of Enlisted Personnel) in effect at the time states, in order to be eligible for temporary appointment the member must be in the grade of E-4 for 8 months, be recommended by the unit commander, and hold a military occupational specialty in which appointments are authorized. Effective 1 July 1962, temporary appointments of Regular Army personnel for grade E-5 will become permanent upon completion of 12 months time in grade. Appointments will become permanent without an entry in records or issuance of orders. 6. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that will be furnished each individual who is separated from the Army. * item 5a; enter the grade in which serving at the time of separation, indicating whether permanent or temporary * item 30; if grade as shown in item 5 is not permanent, enter the permanent grade, date of appointment, and date of rank if different from date of appointment BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the applicable promotion policy. The Board considered the applicant’s statement, the record of his promotions to SP4 (Permanent) and SP5 (Temporary), and his temporary and permanent rank as recorded on his DD Form 214. The Board found that he held the temporary rank of SP5 for less than the 12 months required for it to become permanent. Based on a preponderance of evidence, the Board found that his rank was properly reflected in the correct items on his DD Form 214 and determined that no correction was necessary due to error or injustice. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted.? 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 624-200 (Appointment and Reduction of Enlisted Personnel) in effect at the time states in order to be eligible for temporary appointment the member must be in the grade of E-4 for 8 months, be recommended by the unit commander and hold a military occupational specialty in which appointments are authorized. Effective 1 July 1962, temporary appointments of Regular Army personnel for grade E-5 will become permanent upon completion of 12 months time in grade. Appointments will become permanent without an entry in records or issuance of orders. 3. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that will be furnished each individual who is separated from the Army. * item 5a; enter the grade in which serving at the time of separation, indicating whether permanent or temporary * item 30; if grade as shown in item 5 is not permanent, enter the permanent grade, date of appointment, and date of rank if different from date of appointment ABCMR Record of Proceedings (cont) AR20180004159 2 1