ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  17 October 2019

	DOCKET NUMBER:  AR20180005772


APPLICANT REQUESTS:  his DD Form 214 (Certificate of Release or Discharge from Active Duty) be updated to reflect the rank of Corporal (CPL).

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 (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 was discharged as a private/E-2 on his DD Form 214, but the Defense Enrollment Eligibility Reporting System (DEERS) shows he was discharged as a CPL.  He would like his DD Form 214 corrected to shows CPL and would like the certificate mailed to him.

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

	a.  He enlisted in the Texas Army National Guard (TXARNG) on 21 January 1989.

	b.  His Personnel Qualification Record shows in Block 35 (Record of Assignments) he had a period of service in the Army National Guard, not on active duty, from 27 October 1981 to 26 October 1987.

	c.  He entered active on 29 March 1982 to attend training.

	d.  He was honorably released from active duty on 2 July 1982.  His DD Form 214 shows he completed 3 months and 3 days of active service.  It also shows in Block 4a (Grade, Rate or Rank), private and in Block 4b (Pay Grade), E-1.

	e.  His NGB Forms 22 (Report of Separation and Record of Service) indicated he served several periods of service in the TXARNG:

* 27 October 1981 to 26 October 1987 – Block 5a. and 5b. (Specialist/E-4)
* 21 January 1989 to 20 January 1995 – Block 5a. and 5b. (Private/E-2)
* 18 May 2001 to 17 May 2003 – Block 5a. and 5b. (Specialist/E-4)

f.  There are no orders available to show he was laterally appointed to CPL/E-4.

4.  By regulation, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, The Board found no evidence to show he was appointed to CPL.  The Board wished to advise the applicant that should he provide the order that promoted or appointed him to CPL, he may reapply to this Board for reconsideration. 

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.

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.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180005772


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