ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  6 September 2019

	DOCKET NUMBER:  AR20180013469


APPLICANT REQUESTS:  the applicant, the brother of a deceased former service 
member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) for the period ending 4 October 1962, to 
show his rank as sergeant (SGT/E-5) instead of private first class (PFC/E-3).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	2-page obituary
*	DD Form 214
*	Certificate of Death
*	Operator's License
*	Identification Card

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 the FSM was a leader and in charge of the Army Band.  As a 
requirement, he was promoted to the rank/grade of SGT/E-5 and had SGT stripes while 
serving at Fort Leonard Wood, MO.  

3.  The FSM was inducted into the Army of the United States on 20 September 1961.

4.  His official military records shows he attained the following ranks/grades:

*	Private/E-1 (Permanent) effective 20 September 1961
*	Private/E-2 (Permanent) effective 20 January 1962
*	PFC/E-3 (Temporary) effective 22 May 1962
*	PFC/E-3 (Permanent) effective 1 July 1962

5.  The FSM was honorably released from active duty and transferred to the U.S. Army 
Reserve (USAR) Control Group (Annual Training) on 4 October 1962.  He served 1 year 
and 15 days total active service.  The DD Form 214 he was issued lists his rank/grade 
as PFC/E-3.

6.  On 20 September 1966, the FSM was transferred from the USAR Control Group 
(Annual Training) to the USAR Control Group (Standby).  His rank/grade is listed as 
PFC/E-3.

7.  His Military Personnel Records Jacket does not contain promotion orders which 
indicate he was selected for or promoted to the rank/grade of SGT/E-5 by proper 
authority during his active duty tenure.

8.  The applicable regulation states the active duty rank and pay grade at time of the 
Soldier's separation will be listed on the DD Form 214; the rank is taken from the 
Soldier’s promotion/reduction orders.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, the Former 
Service Member’s (FSM) record of service, the record of promotions, the rank the FSM 
held at separation from active duty and at transfer to the USAR Control Group.  The 
Board found insufficient evidence in the records that the applicant had been promoted 
to SGT and the applicant provided none in support of his statement.  Based on a 
preponderance of evidence, the Board determined that the FSM’s rank at separation 
from active duty was not in error or unjust.  

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.


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.  Chapter 7 of Army Regulation 600-200 (Enlisted Personnel Management System), 
then in effect, contained Army-wide promotion policy and procedures.  It stated, in 
pertinent part, that the promotion of enlisted personnel to grade E-5 through E-9, 
appointments, grade reductions, and grade restoration were announced in orders.

3.  Army Regulation 635-5 (Separation Documents), then in effect, established the 
standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the 
regulation contains guidance on the preparation of the DD Form 214.  It states that item 
3a (Grade, Rate or Rank) will show the active duty rank and pay grade at time of the 
Soldier's separation; the rank is taken from the Soldier’s promotion/reduction orders; 
item 3b (Date of Rank) shows the date of rank.
    

ABCMR Record of Proceedings (cont)	 AR20180013469

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