ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  20 June 2019

	DOCKET NUMBER:  AR20180015672


APPLICANT REQUESTS:  correction of his DD Form 214 to reflect Sergeant (SGT/E5) 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge
*	Special Orders #158 (Promotion orders) 
*	Photo of Soldiers 

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.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR1999025106.

3.  The applicant states that the rank currently being reflected on his DD Form 214 is 
incorrect.  The form currently reflects the rank of Specialist (SPC/E4), however it should 
reflect Sergeant (SGT/E5).

4.  The applicant provides the following: 

*	Special Orders #158 dated 14 August 1972 reflecting promotion from SPC to 
SGT effective 1 August 1972
*	Photo reflecting 4 Soldiers in formation; applicant identifies himself in the photo 
as being documented as “SGT M_”

5.  A review of the applicant’s records shows the following on: 

*	16 November 1970 - enlisted in the Army for 3 years
*	26 February 1971 - promoted to Private (PV2) 
*	26 March 1971 - promoted to Private First Class (PFC)
*	13 September 1971 - promoted to Specialist (SPC)
*	21 September 1971 order #224 - indicating MOS change from 10 to 20 skill level 
*	11 December 1971 order #94 - appointing the applicant as acting 
noncommissioned officer 
*	14 August 1972 order #158 - promoted to Sergeant (SGT) effective 1 August 
1972
*	14 Jun 1973 order #118 - transferred into the Army Reserve (Control Group) as a 
SPC with a terminal service obligation date of 18 Oct 1976 effective 27 August 
1973
*	17 August 1973 order # 166 - released from active duty and transferred into 
Army Reserve effective 21 August 1973
*	18 October 1976 - discharged from the Army Reserve as a Specialist

6.  DA Form 20 (Enlisted Qualification Record) section 33 (Appointments and 
Reductions) indicates that the applicant was promoted to SGT on 1 August 1972, 
however this information is lined through.

7.  Army Regulation (AR) 600-200 (Enlisted Personnel Management System paragraph 
9-13 (Recording Entries) states that: 

   a.	(Authorized Entries) Entries are limited to those prescribed by this regulation; 
however commanders responsible for maintenance of the record may authorize 
additional pencil entries to provide for maximum utilization of the record.  Such 
additional entries will be erased from the record prior to transmission.

   b.	(Corrections, changes and deletions).  Erasures will be limited to pencil entries. 
When it is necessary to delete a typed, inked, or stamped entry, a typewritten line or a 
single black or blue-black ink line will be made through the entry.  The old entry will not 
be obliterated. The use of ink eradicator is prohibited.  Permanent entries no longer 
applicable to the individual will be lined out; temporary entries will be erased.


BOARD DISCUSSION:

After review of the application and all evidence, the Board determined that there is 
sufficient evidence to grant relief.  The applicant’s records contain promotion orders to 
SGT/E-5 dated 14 August 1972 with effective date 1 August 1972, with no evidence of a 
demotion.  However, the applicant transferred to the USAR (IRR) when he was 
discharged on 27 August 1973 and his transfer orders indicate SPC/E-4, but the MOS is 
95B20 (the designation for a SGT/E-5).  Therefore, the Board found that the applicant’s 
DD Form 214 discharge certificate should be amended to show the applicant’s rank as 
SGT.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XXX	:XXX	:XXX	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
Army records of the individual concerned be corrected by amending his DD Form 214 
ending “27 AUG 73” by correcting:

*	item 5a (Grade, Rate or Rank) to SGT vice SP4 (P)
*	item 5b (Pay Grade) to E-5 vice E4, and 
*	item 6 (Date of Rank) to “1-AUG-72” vice “13-SEP-71”


	  
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) 600-200 (Enlisted Personnel Management System paragraph 
9-13 (Recording Entries) states that: 

   a.	(Authorized Entries) Entries are limited to those prescribed by this regulation; 
however commanders responsible for maintenance of the record may authorize 
additional pencil entries to provide for maximum utilization of the record.  Such 
additional entries will be erased from the record prior to transmission.

   b.	(Corrections, changes and deletions).  Erasures will be limited to pencil entries. 
When it is necessary to delete a typed, inked, or stamped entry, a typewritten line or a 
single black or blue-black ink line will be made through the entry.  The old entry will not 
be obliterated. The use of ink eradicator is prohibited.  Permanent entries no longer 
applicable to the individual will be lined out; temporary entries will be erased.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180015672

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