ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 August 2019

	DOCKET NUMBER:  AR20180012649


APPLICANT REQUESTS:  his honorable discharge from the Army Reserves to reflect Sergeant First Class (SFC)/E-7.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Letter Orders Number 4-1336, dated 21 April 1971

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, in effect, he was awarded and wore (sic) Sergeant First Class (SFC) stripes for the last six months of his tour in the Army Reserves; however, his honorable discharge reflects that he was a Staff Sergeant (SSG)/E-6.  He is very proud to have achieved the rank of SFC and would like his discharge papers to reflect his SFC rank.

3.  The applicant provides a copy of the Headquarters, Fourth United States Army letter, Subject:  Discharge from United States Army Reserve, dated 21 April 1991, which reflects he was discharged from the Army Reserve (Ready), effective 30 April 1971.      It also reflects the applicant was addressed as a staff sergeant (SSG).

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

   a. The complete facts and circumstances surrounding the applicant’s military service are not available to the Board for review with this case.

   b. However, he was ordered to active duty training as an Army Reservist on 18 July 1965 in the military occupational specialty (MOS) 71B2O, Clerk Typist.  

   c. He was released from active duty and transferred to the United States Army Reserve (USAR) on 10 December 1965.  His DD Form 214 shows he was released under the provisions of Army Regulation 635.200, paragraph 7.1, separation program number (SPN) 764, release of Rep 63 trainers upon completion of MOS training, and his service was characterized as honorable.  It also shows his rank as Private (PVT)/E-2 (P).    

5.  Army Regulation 635-5 (Personnel Separations – Administrative Separation Procedures and Forms), establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel.

6.  The Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was not warranted.  The applicant’s contentions were carefully considered.  Based upon the documentary evidence provided by the applicant and found within his military service record, the Board concluded that the applicant’s record lacks evidence he was promoted to the rank of SFC in the USAR, as well as during the active period of service covered by the DD Form 214.  The Board agreed there was no error or injustice 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 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, establishes uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel.

   a. Appendix III, paragraph 1a, states that the purpose of the DD Form 214 is to provide the individual with documentary evidence of active military service and to furnish a vital record for interested government agencies which assist the individual in obtaining the rights and benefits which may accrue to him as the result of such service. 
   
   b. Section 3, paragraph 21b, Enlisted personnel, specifies that the grade in which serving at the time of separation indicating whether permanent or temporary will be entered in item 3a (grade, rate or rank) on the DD Form 214.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180012649


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