ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  14 June 2019

	DOCKET NUMBER:  AR20180015684


APPLICANT REQUESTS:  correction of rank on DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to Sergeant (SGT)/E-5


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Orders #94-67 Lateral Appointment to Corporal (CPL)/E-4
*	Order #214-143 Promotion to SGT

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 line 4a of his DD Form 214 is incorrect.  The document currently 
reflects the rank of CPL rather than SGT.

3.  The applicant provides: 

*	Order #94-67 dated 8 May 1979 laterally appointing the applicant from Specialist 
(SPC/E4) to CPL 
*	Order #214-143 dated 29 October 1980 promoting the applicant from SPC to 
SGT effective 1 November 1980

4.  A review of the applicant’s record shows the following on: 

*	1 June 1977 - enlisted in the Regular Army
*	31 January 1979 - promoted to SPC
*	8 May 1979 - laterally appointed to CPL
*	29 October 1980 - promoted to SGT with a date of rank of 7 October 1980
*	31 May 1981- Order #103-673 dated 28 May 1981 released the applicant from 
active duty and transferred him into the Reserve effective 31 May 1981 at the 
rank of CPL 
*	31 May 1981- separated from active duty with an Honorable character of service 
and for completion of required service per his DD Form 214 at the rank of CPL
*	5 August 1981- Order # D-11-909962 dated 3 November 1982 discharged the 
applicant from the Reserve component at the rank of CPL

5.  The applicant’s service record is void of any derogatory information or a reduction 
order. 

6.  AR 600-200 (Enlisted Personnel Management System paragraph 7-32 (Service 
remaining obligation) is 3 months for promotion to SGT.  Waivers will not be granted.  
Service remaining obligation will be computed from the first day of the authorized month 
of promotion.

7.  Paragraph  8-13 (Reductions) states that reductions, except for article 15, UCMJ is 
announced in orders.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board discussed the applicant’s statement, the promotion 
orders to SGT in the record, the regulatory requirement for time in grade and no 
evidence of adverse action or revocation of the promotion orders prior to the applicant’s 
separation.  

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	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 
the Army records of the individual concerned be corrected by amending the applicant’s 
DD Form 214 for the period ending 31 May 1981 showing his rank as SGT and his 
grade as E-5.
  


	  
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.  AR 600-200 (Enlisted Personnel Management System paragraph 7-32 (Service 
remaining obligation) is 3 months for promotion to SGT.  Waivers will not be granted.  
Service remaining obligation will be computed from the first day of the authorized month 
of promotion.  

3.  Paragraph  8-13 (Reductions) states that reductions, except for article 15, UCMJ is 
announced on orders.


ABCMR Record of Proceedings (cont)	 AR20180015684

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