ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 August 2019

	DOCKET NUMBER:  AR20180012958


APPLICANT REQUESTS:  his separation document to show he separated from the U.S. Army Reserve (USAR) in the rank of specialist (SPC)/E-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

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, his rank upon his honorable discharge was SPC/E4.  He requests to have his records show the rank of specialist.  He states the private first class (PFC)/E3 listed on his separation document should be changed.  He would like his record to dictate what he earned.

3.  A review of his service record shows:

	a.  He enlisted in the U.S. Army Reserve on 4 February 1975.

	b.  On 26 April 1976, the applicant completed his initial active duty for training and transferred to USAR Control.  He received an honorable character of service this period.  His DD Form 214 (Report of Separation from Active Duty) shows in:

* Item 6a (Grade, Rate, or Rank), PFC
* Item 6b (Pay Grade), E-3

	c.  Orders 8-1, dated 18 August 1976, issued by Headquarters, Company 972nd Engineer Battalion (CBT) (CORPS), Fort Benjamin Harrison, IN, promoted the applicant to SPC/E4 on 18 August 1976.


4.  By regulation, (AR 635-5 (Separation Documents)):

* Block 6a, enter active duty grade or rank at time of separation
* Block 6b, enter active duty pay grade at the time of separation

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 applicant held the rank/pay grade of PFC/E3 at the time his DD Form 214 was issued on 26 April 1976.  He was promoted to SPC/E4 several months after his DD Form 214 was issued.

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.  The evidence shows he was promoted after the period covered by the DD Form 214 while a member of the USAR.  The Board agreed records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed.  

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 635-5 provides:

* Block 6a, enter active duty grade or rank at time of separation
* Block 6b, enter active duty pay grade at the time of separation

3.  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.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180012958


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