ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  16 September 2019

	DOCKET NUMBER:  AR20180009413


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge) to reflect his rank/grade as Specialist (SPC)/E-4

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 he is requesting his rank be corrected on his DD Form 214, which his current documents shows Private First Class (PFC)/E-3, but should be Specialist (SPC)/E-4.  He was a SPC/E-4 for most of his military service and he earned it and the mistake was not his.

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

	a.  He enlisted in the United States Army Reserve (USAR) on 25 June 1985.

	b.  He entered active duty for training (ADT) on 11 July 1985 to attend Basic Combat Training and Advanced Individual Training.

	c.  He was released from ADT on 11 December 1985 with an honorable characterization of service in the grade of Private (PV1)/E-1, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph    16-9a (Reserve Component Personnel upon Completion of Military Occupational Specialty (MOS) Training).  His DD Form 214 shows he complete 5 months of active service.

	d.  On 7 January 1986, he was advanced to the grade of Private (PV2)/E-2.
4.  By regulation 635-5 (Separation Documents), prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release for active military service or control of the Army.  It established standardized policy for preparing and distributing DD Form 214.

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 SPC after the period covered by the DD Form 214 for the period ending 11 December 1985.  The Board agreed records must reflect the conditions and circumstances that existed at the time the records were created.

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 (AR) 635-5 (Separation Documents), prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release for active military service or control of the Army.  It established standardized policy for preparing and distributing DD Form 214.  Paragraph 2-8 (DD Form 214 Instructions), see table 2-1.  A sample of a completed DD Form 214 is shown in figure 2-1, item 4 a and b (Grade, Rate or Rank) (Pay Grade), enter active duty grade of rank and pay grade at the time of separation.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180009413


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