ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20180010832


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) to show in:

*	Item 5a (Grade, Rate, or Rank) – specialist five (SP5) instead of specialist 
four (SP4)
*	Item 5b (Pay Grade) – E-5 instead of E-4

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Letter Orders Number 07-1253770

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 an SP5 at the time of his discharge.  Upon his return 
from Vietnam, he processed-out at Fort Lewis, WA.  The clerk did not enter the 
correct information on his DD Form 214.  He noticed the error when he received his 
paperwork, but he was just happy to be home with his family and girlfriend.  
Currently, he would like to have his DD Form 214 corrected if possible.  He 
understands it has occurred a long time ago, but as he ages and prepared for the 
inevitable, he would like to have his records and grave marker show the correct 
information.

3.  Review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 2 August 1968.  

	b.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted 
Qualification Record) shows he was appointed to the rank/pay grade of SP4/E-4 
(Temporary) on 22 September 1969.

	c.  He served in Vietnam from 27 July 1969 to 26 June 1970 and he was 
assigned to the 4th Administrative Company, 4th Infantry Division.

	d.  Special Orders Number 114, issued by Headquarters, 4th Infantry Division, 
APO San Francisco on 24 April 1970, announced his appointment/promotion to the 
rank/pay grade of SP5/E-5, effective 20 April 1970.

   e.  He was honorably released from active duty on 26 July 1970 and was 
transferred to the U.S. Army Reserve (USAR).  His DD Form 214 shows he 
completed 1 year, 11 months, and 15 days of active service, which included 1 year 
of foreign service.  This form also shows in:

•	Item 5a – SP4
•	Item 5b – E-4
•	Item 6 (Date of Rank) – 22 September 1969

	f.  In a Verification of Grade letter, dated 10 May 1971, the Office of The Adjutant 
General, U.S. Army Administration Center, advised him of the following:

*	his records did not contain a copy of promotion orders for the grade 
change he indicated on the form he recently completed
*	if he had a copy of the order verifying his claim, forward it to that Center in 
the enclosed self-addressed envelope
*	a copy would be made and his records would be corrected accordingly

	g.  Letter Orders Number 07-1253770, dated 24 July 1974, announced his 
discharge from the USAR, effective 1 August 1974.  The orders show his rank as 
SP5.

5.  By regulation (AR 635-5), 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 following items of the 
DD Form 214 will show:

*	Item 5a and b – the active duty rank/pay grade at time of separation
*	Item 6 – the effective date of the rank/pay grade




BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was warranted.  The applicant’s contentions were carefully considered.  The 
evidence shows published orders promoted to SP5 several months before his 
separation; however, his DD Form 214 shows SP4.  The Board agreed there is 
sufficient evidence to grant relief. 

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 26 July 1970 by:

     a.  item 5a - showing his rank as “SP5”

     b.  item 5b – showing his pay grade as “E-5”; and

     c.  item 6 – showing his date of rank as “20 April 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 (Separation Documents), in effect at the time, prescribed 
the separation documents that must be prepared for Soldiers upon retirement, 
discharge, or release from active duty service or control of the Active Army.  It 
established standardized policy for preparing and distributing the DD Form 214.  The 
general instructions stated all available records would be used as a basis for 
preparation of the DD Form 214.  It also stated:

*	Item 5a and b – would list the active duty rank/pay grade at time of separation
*	Item 6 – would list the effective date of the rank/pay grade in items 5a and b

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180010832

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