IN THE CASE OF:  

		BOARD DATE:  25 February 2020

		DOCKET NUMBER:  AR20180004275


APPLICANT REQUESTS:  correction of his rank and pay grade shown on his 
DD Form 214 (Certificate of Release or Discharge from Active Duty).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  
DD Form 149 (Application for Correction of Military Record under the Provisions of 
Title 10, U.S. Code, Section 1552).

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), in effect at the time, prescribed the 
separation documents which are prepared for individuals upon release from active 
military service.  It established standardized policy for preparation of the DD Form 214 
and stated the DD Form 214 is a synopsis of the Soldier's most recent period of 
continuous active duty.  The DD Form 214 provides a brief, clear-cut record of active 
Army service at the time of release from active duty.  The specific instructions stated to 
enter the active duty grade or rank and pay grade at the time of separation.

FACTS:

1.  The applicant did not file within the 3-year time frame as provided in Title 10, 
U.S. Code, section 1552(b); however, the 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 he does not know why he believes his record is in error or if it is 
unjust.

3.  He enlisted in the Tennessee Army National Guard on 5 October 2010 in the 
rank/grade of private first class (PFC)/E-3.

4.  He completed his initial entry training and was released from active duty to the 
control of the Tennessee Army National Guard on 2 June 2011.  His DD Form 214 
shows his rank/grade as PFC/E-3.

5.  Tennessee National Guard Orders 195-862, dated 13 July 2012, promoted him to 
the rank/grade of specialist (SPC)/E-4 effective 11 July 2012.

6.  On 4 October 2016, he was honorably discharged from the Tennessee Army 
National Guard and transferred to the U.S. Army Reserve Control Group 
(Reinforcement).  His National Guard Bureau Form 22 (National Guard Report of 
Separation and Record of Service) shows his rank/grade as SPC/E-4 and the authority 
and reason as expiration of active status commitment in the Selective Reserve.

7.  On 14 August 2018, he was honorably discharged from the U.S. Army Reserve.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, his period of active duty for initial entry training, his promotion to SPC while 
serving in the ARNG and his separation from the US Army Reserve.  The Board found 
no additional periods of active duty service and found that his promotion to SPC took 
place after his release from active duty.  Based on a preponderance of evidence, the 
Board determined that the rank reflected on the applicant’s DD Form 214 was not in 
error or unjust.  

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.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180004275


3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1