ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:  

		BOARD DATE:  16 July 2019

		DOCKET NUMBER:  AR20180015214


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) to show his rank as sergeant first class 
(SFC)/E-7.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 293 (Application for the Review of Discharge or Dismissal from the 
Armed Forces of the United States)
*	Special Orders Number 240, Headquarters, U.S. Army Personnel Center, 
Fort Lewis, WA, dated 28 August 1971
*	Orders 4-5, Headquarters, 95th Training Command, 95th Division (Training), 
Little Rock, AR, dated 10 March 1984

FACTS:

1.  The applicant did not file within the 3-year time frame as provided in Title 10, 
U.S. Code, 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/grade of SFC/E-7 and he needs 
his DD Form 214 updated for issuance of his U.S. Uniformed Services Identification 
Card.

3.  He enlisted in the Regular Army on 30 November 1968.

4.  He was promoted to the rank/grade of specialist five (SP5)/E-5 effective 10 May 
1971.

5.  Special Orders Number 240, Headquarters, U.S. Army Personnel Center, 
Fort Lewis, WA, dated 28 August 1971, relieved him from active duty and transferred 
him to the U.S. Army Reserve Control Group (Reinforcement) effective 30 August 1971.  
His rank is shown as SP5.

6.  He was honorably released from active duty on 29 August 1971.  Item 5a (Grade, 
Rate, or Rank) and item 5b (Pay Grade) of his DD Form 214 show his rank/grade as  
SP5/E-5.

7.  There is no evidence showing he was promoted to the rank/grade of SFC/E-7 prior 
to his release from active duty.

8.  On 24 October 1975, he enlisted in the Arkansas Army National Guard.  His 
DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 
24 October 1975, shows his rank/grade as SP5/E-5.

9.  He was promoted to the rank/grade of specialist six (SP6)/E-6 effective 
21 September 1981.

10.  He was honorably separated from the Arkansas Army National Guard on 
24 January 1983 and transferred to the U.S. Army Reserve.  His National Guard Bureau 
Form 22 (Report of Separation and Record of Service) shows his rank/grade as  
SP6/E-6.

11.  Orders 4-5, Headquarters, 95th Training Command, 95th Division (Training), 
Little Rock, AR, dated 10 March 1984, promoted him to SFC/E-7 effective 10 March 
1984.

12.  Orders 22-10, Headquarters, 95th Division (Training), dated 8 April 1985, relieved 
him from assignment and reassigned him to the U.S. Army Reserve Control Group 
(Reinforcement) effective 22 March 1985 due to an employment conflict.  His rank is 
shown as SFC.

13.  Orders D-02-012578, U.S. Army Reserve Personnel Center, St. Louis, MO, dated 
18 February 1986, honorably discharged from the Ready Reserve effective 18 February 
1986.  His rank is shown as SFC.

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, his record of 
service, his separation from active duty and his promotions in the Reserve Component 
subsequent to the period reflected on his DD Form 214.  The Board found no evidence 
that the applicant served any additional periods of active duty or that he was promoted 
beyond the grade of SP5/E5 while on active duty.  Based upon a preponderance of 
evidence, the Board determined that the rank reflected on the DD Form 214 issued 
when he was released from active duty reflected the circumstances as they existed at 
the time and 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

:XXX	:XXX	:XXX	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, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be 
in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents that must be prepared for Soldiers upon retirement, discharge, or 
release from active duty service or control of the Active Army.  It established 
standardized policy for preparing and distributing the DD Form 214.  The general 
instructions stated all available records would be used as a basis for the preparation of 
the DD Form 214, including the DA Form 20 (Enlisted Qualification Record), 
DA Form 66 (Officer Qualification Record), and orders.  The specific instructions for 
items 5a and b stated to enter the grade in which serving at the time of separation.
ABCMR Record of Proceedings (cont) 	AR20180015214


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