ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		BOARD DATE:  29 October 2019

	DOCKET NUMBER:  AR20180007209


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 four 
(SP4/E-4) vice private first class (PFC/E-3).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Special Orders (SO) number  extract (separation order)
*	DD Form 214

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 promoted to SP4 and his records should it.

3.  The applicant provided SO number extract, dated 23 July 1970, shows he was 
relieved from active duty (AD) and transferred to the U.S. Army Reserve (USAR) on 
24 July 1970.  He was assigned to the USAR (Annual Training).  The orders show his 
rank as SP4.

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

	a.  He was inducted in the Army on 2 December 1968.  He held military occupational 
specialty (MOS) 13A (Cannoneer).

	b.  DA Form 20 (Enlisted Qualification Record), block 33 (Appointments and 
Reductions), and SO number 219, dated 7 August 1969, shows he was promoted to 
PFC effective 5 August 1969.

	c.  On 23 July 1970, he was honorably transferred to the USAR Control Group 
(Annual Training), St. Louis, MO to complete his remaining Reserve obligation until 
1 December 1974.  He completed 1 year, 7 months, and 22 days of active service.  His 
DD Form 214 shows in:

*	items 5a (Grade, Rate, or Rank) and 5b (Pay Grade), PFC and E-3
*	item 6 (Date of Rank), 5 August 1969

	d.  His SO number 204 extract, dated 23 July 1970, shows he was relieved from 
active duty and transferred to the U.S. Army Reserve (USAR)  on 24 July 1970.  He was 
assigned to the USAR (Annual Training).  The orders show his rank as SP4.

5.  On 1 December 1974, he was honorably released from the USAR Control Group 
(Standby) due to his expiration of term of service.  His rank shows as PFC.

6.  A review of the applicant's official military personnel file failed to reveal any 
documentation that shows he was promoted to the rank of SP4 during his period of 
active duty service.

7.  By regulation, Army Regulation 635-5 (Personnel Separations - Separation 
Documents), 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.  The instructions for completing the DD Form 214 states for:

	a.  Item 5a, enlisted personnel enter the grade in which serving at the time of 
separation, indicating whether permanent or temporary.

	b.  Item 6, enter date of rank for the grade shown in item 5a.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
warranted.  The Enlisted Qualification Record shows the grade as PFC.  However, the 
separation order shows the grade as E-4.  Board members felt there is enough 
evidence to show the grade of E-4 as of the separate date. 


?
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 on 23 July 1970, to show in items 5a (Grade, Rate, or Rank) 
and 5b (Pay Grade), SP4 and E-4, and in item 6 (Date of Rank), 23 July 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 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 (Personnel Separations - Separation Documents), in effect at 
the time, prescribed the separation documents which are prepared for individuals upon 
retirement, discharge, or release from active military service or control of the Active 
Army.  It establishes standardized policy for preparing and distributing the DD Form 214 
(Certificate of Release or Discharge from Active Duty).  Section II – Separation 
Documents, instructions for completing the DD Form 214 states for:

	a.  Item 5a, enlisted personnel enter the grade in which serving at the time of 
separation, indicating whether permanent or temporary.

	b.  Item 6, enter date of rank for the grade shown in item 5a.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	AR20180007209
	
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