ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  10 September 2019

	DOCKET NUMBER:  AR20180005786


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), for the period ending 4 February 1970 to show his current 
rank/grade of Sergeant (SGT)/E-5.

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 his rank was changed to Sergeant with special orders #301, 
dated 28 October 1969.

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

	a.  He was inducted in the Army of the United States on 3 July 1968.

	b.  DA Form 137 (Installation Clearance Record) dated, 31 January 1970 shows his 
grade as SGT/E5.

	c.  Special Orders Number 35, dated 4 February 1970 shows the applicant was 
relieved from active duty and transferred to the United States Army Reserve in the rank 
of SGT.

	d.  DD Form 214, for the period ending 4 February 1970, released the applicant from 
active duty and transferred him to the United States Army Reserves.  Item 5a (Grade, 
Rate or Rank) & 5b (Pay Grade) of his DD Form 214 shows the entries "SP4" and "E-4" 

4.  Letter Orders Number 06-1217098, dated 19 June 1974 discharged the applicant 
from the United States Reserves in the rank of SGT.
5.  Army Regulation 635-5 (Separation Documents), states to enter the active duty 
grade of rank and pay grade at the time of separation in item 5a/b.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
relief was warranted.  Based upon the documentary evidence available included orders 
showing that the applicant was released him from active duty as a SGT and he was 
discharged from the USAR as a SGT, the Board concluded there was sufficient 
evidence to support relief. 

BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by amending his DD Form 
214 for the period ending 4 February 1970 to show his rank as SGT, his grade as E-5, 
and his effective date of pay grade as 4 February 1970. 

	  
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. Army Regulation (AR) 635-5 (Personnel separations Administrative Separation 
Procedure and Forms) states the purpose of the DD Form 214 is to provide the 
individual with documentary evidence of active military service and to furnish a vital 
record for interested government agencies which assist the individual in obtaining the 
rights and. benefits which may accrue to him as the result of such service.


ABCMR Record of Proceedings (cont)	 AR20180005786

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