ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  7 October 2019

	DOCKET NUMBER:  AR20180010253


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States (U.S.) 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)
*	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 3 weeks prior to his discharge he was erroneously charged with 
missing guard duty.  He checked the watch bill on the day prior to going home and he 
was not on it.  The next day he was issued an Article 15 for missing the watch and was 
reduced in rank from E4 to E3.  He believes he was set up to miss guard duty by his 
company first sergeant.

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

	a.  He enlisted in the Regular Army on 16 January 1968.  He held military 
occupational specialty (MOS) 11B (Infantryman).

	b.  DA Form 20 (Enlisted Qualification Record), block 33 (Appointments and 
Reductions), shows he was promoted to SP4/E4 (Temporary) effective 
11 November 1968.

	c.  He accepted non-judicial punishment under the provisions of Article 15 on
16 November 1970.  He disobeyed a lawful order in which he did not display his 
equipment for inspection on 13 November 1970 and failed to go at the time prescribed 
to his appointed place of duty on 14 November 1970.  He was reduced to PFC/E3. 

	d.  On 15 January 1971, he was honorably transferred to the U.S. Army Reserve 
(USAR) Control Group (Reinforcement), St. Louis, MO to complete his remaining 
reserve obligation until 15 January 1974.  He completed 3 years 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), 16 November 1970

4.  On 1 January 1974, he was honorably released from the USAR Control Group 
(Standby) due to his expiration of term of service.

5.  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 
not warranted.  The applicant’s contentions were carefully considered.  He was reduced 
in rank after receiving non-judicial punishment.  Regulatory guidance prescribes that a 
Soldier's uncorroborated sworn statement will not constitute a basis to support the 
setting aside of punishment, and a clear injustice does not include the fact that the 
Soldier's performance of service has been exemplary subsequent to the punishment or 
that the punishment may have a future adverse effect on the retention or promotion 
potential of the Soldier.  The Board agreed there is insufficient evidence to grant relief. 


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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.

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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)	AR20180010253
	
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