ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 September 2019

	DOCKET NUMBER:  AR20180013208


APPLICANT REQUESTS:  correction of his DD Form 214 (Report of Transfer or 
Discharge) to reflect the grade of Sergeant (SP5).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	United States Army Reserve (USAR) Components Personnel and Administration 
Center Order 07-1139743 dated 28 July 1971
*	North Carolina Department of Military and Veterans Affairs letter regarding 
providing the applicant’s service records

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 rank was Specialist 5 (SP5)/E-5 when he was discharged 
from the Army not Specialist 4 (SP4)/E-4, as listed on his DD Form 214.  He is 
requesting that his DD Form 214 be corrected to reflect his rank of SP5/E-5, because 
he earned it and would like for it to show as such on his DD Form 214.  He did not 
notice the error prior to this time, but did so when he was trying to get his affairs in order 
and would like to be able to put SP5 on his grave marker when he orders it.

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

	a.  He was inducted into the Army of the United States on 13 August 1965.

	b.  He was promoted to SP4/E-4 on 22 August 1966.

	c.  He was released from active duty on 26 July 1967, under the provisions of Army 
Regulation (AR) 635-200 (Personnel Separations – Enlisted Separations) for early 
separations from overseas and reassigned to the USAR Control Group (Annual 
Training), with an honorable characterization of service. His DD Form 214 shows he 
completed 1 year, 11 months and 14 days of net service.

	d.  USAR Component Personnel and Administration Center Order Number 
07-1139743, dated 28 July 1971 discharged the applicant from the USAR Control 
Group (Standby) on 12 August 1971 for expiration of term of service in the grade of 
SP5/E-5.

4.  By regulation 635-5 (Separation Documents), prescribes the separation documents 
that will be furnished each individual who is separated from the Army and established 
standardized procedures for preparation and distribution of these documents.
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 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, 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.


ADMINISTRATIVE NOTE(S):

Not Applicable

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 (Separation Documents), prescribes the separation 
documents that will be furnished each individual who is separated from the Army and 
established standardized procedures for preparation and distribution of these 
documents.

   a.  Paragraph 4, (DD Form 214 Report of Transfer or Discharge), will be issued at 
time of separation to:

*	each member of the Regular Army (RA) 
*	each member of the Reserve components and the Army of the United States 
(AUS) without component called or ordered to active duty for a period of 90 
day or more
*	each member of the Army National Guard (ARNG) called into active Federal 
service for a period of 90 days of more or for an indefinite period
*	each member of the ARNG of the United States ordered to perform full time 
training or other full time duty in his status as a member of the ARNG for a 
period of 90 days or more
*	each person described above without regard to the period for which he was 
called or ordered to active duty if he is separated for physical disability
*	enlisted personnel who are released to the Army Reserve upon completion of 
the period for which inducted and immediately ordered to active duty as 
reservists

   b.  Paragraph 21 (Item 5a), subparagraph b (Enlisted Personnel), enter grade in 
which serving at time of separation, indicating whether permanent or temporary, 
example, SP4. 
   
   c.  Paragraph 22 (Item 5), subparagraph b (Enlisted Personnel), enter pay grade, 
example, E-4.
   
   d.  Paragraph 23 (Item 6, subparagraph b (Enlisted Personnel), (1) enter date of 
appointment, enter date of appointment in item 30 (Remarks), (2) if grade at time of 
separation is not permanent, the permanent grade, date of appointment and date of 
rank if different from date of appointment will be entered in item 30.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180013208

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