ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 August 2019 DOCKET NUMBER: AR20180008006 APPLICANT REQUESTS: correction of his records to show he was a sergeant (SGT)/E-5 vice specialist (SPC)/E-4. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Honorable Discharge Certificate * Certificate of Promotion * Orders 302-502 * Excerpt of DA Form 4126-R (Bar to Re-Enlistment Certificate) and approval * DA Form 4187 (Personnel Action) * Memorandum, subject: Request for Financial Audit * Letter from Commanding General * DD Form 1056 (Authorization to Apply for a “No-Fee” Passport and/or Request for Visa) * Two DD Forms 214 (Certificate of Release or Discharge from Active Duty) Member Copy 4 and 1 * Letter From National Personnel Records Center (NPRC) 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 he was reduced to SPC due to the fact the unit thought he had an expired license. He adds the license was still current since he was still in the military. He also states the commanding general suspended all reductions and the acting first sergeant removed his rank due to the fact he stated he lied to the commanding general. 3. The applicant provides: a. Honorable Discharge Certificate, dated 3 January 1985, which shows he was discharged honorably from the U.S. Army. b. Certificate of Promotion, dated 14 October 1987, which shows he was promoted to the grade of SGT. c. Orders 302-502, dated 29 October 1987, which promoted the applicant from SPC to SGT, effective 1 November 1987. d. Excerpt of DA Form 4126-R, dated 19 June 1990, which shows his immediate commander recommended a bar to reenlist for inefficiency as an noncommissioned officer. On 25 July 1990, the applicant’s bar to reenlistment was approved. e. DA Form 4187, dated 31 July 1990, which shows a suspended reduction to SPC on 3 July 1990. Suspension was vacated on 10 July 1990 and new date of rank (DOR) is 3 July 1990. f. Letter, dated 12 March 1991, from the division commander recognizing the unit’s mission accomplishment. g. Memorandum, subject: Request for Financial Audit, dated 12 July 1991, shows the applicant requesting a review of his records for discharge. h. DD Form 1056, dated 15 April 1984, shows the applicant applied for a no-fee passport. i. Letter from NPRC, dated 9 November 2005, which shows their response to the applicant’s request for information pertaining to his reduction in rank. 4. A review of the applicant’s service records show: a. He enlisted in the Regular Army on 25 August 1980. b. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in item 18 (Appointments and Reductions): * Private (PVT/E-1), DOR: 25 August 1980 * PVT/E-2, DOR: 1 March 1981 * Private First Class/E-3, DOR: 25 August 1981 * SP4/E-4, DOR: 1 October 1982 * SP5/E-4, DOR: 6 July 1984 * SGT/E-5, Effective Date 1 October 1985;, DOR 6 July 1984 * SP4/E-4, DOR 13 March 1986 * SGT/E-5, Effective date 14 October 1987, DOR 17 October 1987 * SP4/E-4, DOR 3 July 1990 c. On 3 July 1990, the applicant was given a suspended reduction to SP4/E-4 and the suspension was vacated on 10 July 1990. The Article 15 proceedings are unavailable for the Board to review. d. He was honorably discharged on 28 August 1991. His DD Form 214 shows in: * item 4a (Grade, Rate or Rank), SPC * item 4b (Pay Grade), E-4 5. By regulation, for items 4a and 4b, enter active duty grade of rank and pay grade at time of separation. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. He was promoted to the rank of SGT; however, he was reduced to the rank of SPC prior to the end of his military service. The applicant’s record is absent evidence that shows he was promoted back to the rank of SGT prior to his separation. The Board agreed there was no error to his DD Form 214. 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 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 635-5 (Separation Documents - Personnel Separations), in effect at the time, sets forth the procedures for individuals upon retirement, discharge, or release from active duty. It states in Table 2-1 (DD Form 214 (Certificate of Release or Discharge from Active Duty) Preparation Instructions) for items 4a (Grade, Rate or Rank) and 4b (Pay Grade), enter active duty grade of rank and pay grade at time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180008006 4 1