ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 August 2019

	DOCKET NUMBER:  AR20180006892


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his rank as sergeant (SGT) vice specialist five (SP5). 

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.  His rank should have been SGT.  The error was probably a typing error. 

3.  Review of the applicant's service records shows: 

	a.  He enlisted in the Regular Army on 29 August 1969.  He held military occupational specialty (MOS) 71N (Movement Specialist). 

	b.  He served in Germany from October 1971 to March 1972 and Korea from August 1970 to August 1972. 

	c.  Special Orders Number 14, issued by Headquarters, Eighth U.S. Army Personnel and Administration Battalion on 21 December 1970 appointed/promoted him to specialist five (SP5) effective 21 December 1970. 

	d.  Special Orders Number 78, issued by Headquarters, Eighth U.S. Army Personnel and Administration Battalion on 19 March 1971 appointed/promoted him to sergeant in accordance with paragraph 7-11b, 2-32d(4) of Army Regulation 600-200 (Enlisted Personnel Management System), effective 5 February 1971. 

	e.  He was honorably released from active duty on 22 March 1972.  His DD Form 214 shows he completed 2 years, 6 months, and 24 days of active service.  It also shows in: 


* Blocks 5a (Grade, Rate or Rank) and 5b (Pay Grade) SP5 and E-5
* Block 6 (Date of Rank) 5 February 1971

4.  By regulation (AR 600-200), in effect at the time, Chapter 7 contained Army-wide promotion policy and procedures.  It stated, in pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.  

5.  By regulation (AR 635-5), the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders; and item 6 shows the date of rank.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  The applicant’s contentions were carefully considered.  Published orders shows he was laterally appointed from SP5 to SGT prior to his separation; his record is absent evidence he was appointed back to a SP5 prior to his separation.  The Board agreed his DD Form 214 incorrectly shows his rank as SP5.

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 22 March 1972 by showing his rank as SGT.

	 
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 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel.  Chapter 7 contained Army-wide promotion policy and procedures.  It stated, in pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, appointments, grade reductions, and grade restoration were announced in orders.  

3.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214.  It states items 5a and 5b will show the active duty rank and pay grade at time of the Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders; and item 6 shows the date of rank.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180006892


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