ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 August 2019

	DOCKET NUMBER:  AR20180011354


APPLICANT REQUESTS:  correction of DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge), for the period ending on 25 January 1972, to 
show his rank/pay grade as Specialist Five (SP5)/E-5 instead of Specialist Four 
(SP4)/E-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	1972 DD Form 214
*	Letter Orders Number 06-342027 and 08-403712

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 his DD Form 214, for the period ending on 25 January 1975, 
shows his rank as SP4.  His transfer papers, dated 21 August 1974, show his promotion 
to SP5.  He would like a letter showing his promotion to SP5.  He is planning on being 
buried at Sarasota National Cemetery in Sarasota, FL.  He wants to ensure his 
tombstone reads SP5.  He is getting his affairs in order and needs the correct 
paperwork.

3.  The applicant provides copies of the following:

*	1972 DD Form 214
*	Letter Orders issued by the U.S. Army Reserve (USAR) Components Personnel 
and Administration Centers on/for:

*	Number 06-342027, 12 June 1973, announcing his assignment to the USAR 
Control Group (Annual Training); the orders show his rank as SP4
*	Number 08-0403712, 21 August 1974, announcing his assignment to the 
USAR Control Group (Reinforcement); the orders show his rank as SP5

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

	a.  He enlisted in the Regular Army on 1 August 1969, for 3 years.

	b.  He was honorably released from active duty on 25 January 1972 and was 
transferred to the USAR Control Group (Annual Training).  His DD Form 214 shows he 
completed 2 years, 5 months, and 25 days of active service.  This form also shows in:

*	Item 5a (Grade, Rate, or Rank) – SP4
*	Item 5b (Pay Grade) – E-4
*	Item 6 (Date of Rank) – 3 May 1970

	c.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification 
Record) shows he was promoted to:

*	SP4 on 3 May 1970
*	SP5 on 8 September 1973

	d.  Special Orders Number 33, issued by Headquarters, 3220th U.S. Army Garrison, 
West Palm Beach, FL on 14 September 1973, announced his promotion to SP5 
effective 8 September 1973.

5.  By regulation AR 635-5 (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.  It stated: 

*	Items 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 
not warranted.  The applicant’s contentions were carefully considered.  His record 
shows he was promoted to SP5 in the USAR, which was after the period of service 
covered by the DD Form 214.  The Board agreed records must reflect the conditions 
and circumstances that existed at the time the records were created.  Therefore, the 
Board determined the DD Form 214 correctly shows his rank at the time of separation 
from active service.

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.  AR 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:

*	Items 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)	 AR20180011354

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