ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  16 August 2019

	DOCKET NUMBER:  AR20180012286


APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or 
Discharge) to show his promotion to Sergeant (SGT)/E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Certificate of Promotion

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 was promoted to SGT on 19 May 1986, but it does not 
appear on his DD Form 214.  He is requesting an update to his DD Form 214 with the 
publication of a DD Form 215 to show his promotion to SGT.

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

	a.  He enlisted in the Regular Army on 5 December 1978.

	b.  He was promoted to Specialist (SP4)/E-4 on 1 October 1980.

	c.  He was released from active duty on 1 December 1981, under the provisions of 
Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph     
5-12 (Overseas Returnees), with an honorable character of service in the grade of 
SP4/E-4.  He was reassigned to the United States Army Reserve (USAR) Control 
Group (Reinforcement).  His DD Form 214 shows he completed 2 years, 11 months and 
27 days of net active service this period.

	d.  Order Number 01-000385, dated 13 January 1982, shows he was reassigned 
from the USAR Control Group (Reinforcement) to the 423rd Military Police Company 
effective 29 December 1981.

   e.  He reenlisted in the USAR on 13 October 1984.

	f.  Order Number 24-1, dated 19 May 1986, shows he was promoted to the grade of 
SGT effective 19 May 1986 with the date of rank of 19 May 1986.

	g.  Order Number 13-9, dated 26 February 1987, shows he was reassigned from the 
423rd Military Police Company to the USAR Control Group (Reinforcement) under 
provisions of AR 140-10 (Assignments, Attachments, Details, and Transfers), paragraph 
4-1a (3) (Unsatisfactory Participation of Troop Program Unit (TPU)), effective 
26 February 1987.

	h.  Order Number D-10-074332, dated 7 October 1987, show he was discharge from 
the Ready Reserve on 12 October 1987 with an honorable character of service under 
the provisions of AR 135-178 (Army National Guard and Army Reserve – Separation of 
Enlisted Personnel).

4.  By regulation 635-5, Table 2-1, DD Form 214 preparation Instructions, states that 
item 4a and 4b (Grade, Rate or Rank and Pay Grade), enter active duty grade of rank 
and pay grade at the time of separation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was not warranted.  The applicant’s contentions were carefully considered.  Evidence of 
record shows he was promoted in the USAR after the period 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.  The board agreed the separation 
document accurately reflects his rank at the time of his separation.

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 (Personnel Separations – Separation Documents), 
Table 2-1, DD Form 214 preparation Instructions, states that item 4a and 4b (Grade, 
Rate or Rank and Pay Grade), enter active duty grade of rank and pay grade at the 
time of separation.

//NOTHINGS FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180012286

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