ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  30 September 2019

	DOCKET NUMBER:  AR20180011935


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his rank/grade as specialist four (SP4)/E-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 293 (Application for the Review of Discharge or Dismissal from the 
Armed Forces of the United States)
*	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 entered active duty on 5 January 1979.

3.  He accepted non-judicial punishment on the following occasions:

*	17 September 1982, for failure to go to his appointed place of duty as the 
prescribed time, his punishment consisted of forfeiture of $75.00 for one 
month 
*	5 October 1982, for failure to go to his appointed place of duty as the 
prescribed time, his punishment consisted of reduction to private first class 
(PFC)/E-3 (suspended for 180 days) and forfeiture of $50.00 for one month 

4.  The applicant’s DA Form 2-1 (Personnel qualification Record) shows he was 
reduced in rank to PFC effective 2 December 1982.

5.  His record is void of evidence showing he attained the rank of SP4 subsequent to 
his reduction effective 2 December 1982.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed 
the separation documents that must be prepared for Soldiers at the time of 
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 DD Form 214 is a summary of a Soldier’s most recent period of 
continuous active service and it provides a concise record reflective of active service 
at the time of release from active duty, retirement, or discharge.  The general 
instructions stated all available records would be used as a basis for preparation of 
the DD Form 214.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.

2.  The applicant was reduced from SP4 to PFC as a result of non-judicial 
punishment.  He did not regain the rank of SP4 prior to his release from active duty.  
The Board agreed that the rank/grade recorded on his DD Form 214 are accurate.  
The Board found no evidence of error or injustice that would serve as a basis for a 
recommendation to grant relief in this case.  


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 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 at the time of 
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 DD Form 214 is a summary of a Soldier’s most recent period of 
continuous active service and it provides a concise record reflective of active service 
at the time of release from active duty, retirement, or discharge.  The general 
instructions stated all available records would be used as a basis for preparation of 
the DD Form 214.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20180011935
	
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