ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 May 2019 DOCKET NUMBER: AR20180014777 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as private (PV2)/E-2 instead of private (PVT)/E-1. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4187 (Personnel Action), dated 20 May 2003 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 (ABCMR) 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 the rank of PV2 on 20 May 2003. His DD Form 214 states he was a PVT on release from active duty. He did not receive a reduction in rank while in the service. 3. A review of the applicant’s service records show the following on: * 24 April 2003 – enlisted in the U.S. Army Reserve (USAR) for a period of 8 years * 20 May 2003: * DA Form 4187 was completed by the immediate commander’s authorized representative showing the applicant was promoted to the rank of PV2 effective 20 May 2003; the promotion was not valid unless he was in a promotable status on the effective date of promotion * the applicant entered active duty for training * 11 August 2003 – an entrance physical standards board convened and found the applicant failed to meet procurements of medical fitness standards * * 14 October 2003 – Orders Number 287-0172, issued by Headquarters, U.S. Army Armor Center and Fort Knox, KY, discharged the applicant from the USAR in the rank of PVT * 15 October 2003 – the applicant was discharged from the USAR with an uncharacterized character of service, DD Form 214 shows he completed 4 months and 26 days of net active service, item 4a (Grade, Rate, or Rank) shows PV1 4. See applicable reference below. 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 4187 does not show a commander promoted him. It currently shows an administrative clerk signing the document. Automatic promotion to E-2 is six months, and 4 months with waiver; this 4187 shows an alleged promotion being completed in less than one month. For that reason, the Board concluded there was insufficient evidence to show that the applicant was ever promoted to the rank of PV2 by a person authorized to do so. 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. 5/28/2019 X CHAIRPERSON Signed by: 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 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) 140-185 (Enlisted Personnel Classification, Promotion, and Reduction) in effect at the time states in paragraph 3-6 (Advancement to PV2): a. The advancement to PV2 will be accomplished by the custodian of the Soldier’s personnel records without regard to a unit vacancy. DA Form 4187, will cite this paragraph as the authority for the advancement. b. Normal advancement. A Soldier will be advanced to PV2 when he or she completes 6 months of service from the date of entry on Initial Active Duty training (IADT). c. Accelerated advancement. To recognize outstanding performance, commanders are authorized to advance Soldiers who have at least 4 months service from the date of entry on IADT. 3. AR 635-5 (Separation Documents) is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 4a, enter the grade or rank at the time of separation.