ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  2 April 2019

	DOCKET NUMBER:  AR20180016769


APPLICANT REQUESTS: correction to his DD Form 214 (Report of Separation from 
the Armed Forces of the United States) to show his rank as Private (PVT/E1) instead of 
Corporal (Temporary) (CPL (T)/E-4). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Report of Separation from the Armed Forces of the United States) 

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 in effect his grade, at the time he was discharged from active 
duty shows CPL (T) on his DD Form 214, which is an error.  He states he was never a 
CPL. 

3.  The applicant's complete military record is not available to the Board for review.  A 
fire destroyed approximately 18 million service members' records at the National 
Personnel Records Center in 1973.  It is believed that his records were lost or destroyed 
in that fire.  However, there were sufficient documents on file for the Board to conduct a 
fair and impartial review of this case.  This case is being considered primarily using his 
DD Form 214. 

4.  A review of the applicant's DD Form 214 show on:

*	1 May 1951, he was inducted in the United States Army as a PVT
*	26 November 1952, he was appointed CPL (T) 
*	21 April 1953, he was honorably separated from US Army

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, established 
standardized policy for preparing and distributing the DD Form 214.  The regulation 
states that the DD Form 214 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.  Appendix III requires the 
preparer to enter the grade in which serving in Item 3 at the time of separation indicating 
whether permanent or temporary.  Additionally, the regulation stated that if the rank 
shown in item 3 is not permanent, enter the permanent grade and date of rank in item 
38.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) states:

	a.  Paragraph 2-9 contains guidance on the burden of proof.  It states, in 
pertinent part, that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity, which is that what the Army did was correct.

	b.  The ABCMR is not an investigative body and decides cases based on the 
evidence that is presented in the military records provided and the independent 
evidence submitted with the application.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contentions were carefully 
considered.  The applicant’s record shows he was promoted to the temporary rank of 
CPL, and maintained that rank at the time of his discharge.  The Board agreed there 
was no error as regulatory guidance provides the rank is listed on the separation 
document whether it is permanent or temporary.

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.  Army Regulation 635-5 (Separation Documents), in effect at the time, established 
standardized policy for preparing and distributing the DD Form 214.  The regulation 
states that the DD Form 214 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.  Appendix III requires the 
preparer to enter the grade in which serving in Item 3 at the time of separation 
indicating whether permanent or temporary.  Additionally, the regulation stated that if 
the rank shown in item 3 is not permanent, enter the permanent grade and date of rank 
in item 38.

3.  Army Regulation 15-185 (ABCMR) states:

	a.  Paragraph 2-9 contains guidance on the burden of proof.  It states, in 
pertinent part, that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity, which is that what the Army did was correct.

	b.  The ABCMR is not an investigative body and decides cases based on the 
evidence that is presented in the military records provided and the independent 
evidence submitted with the application.  The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180016769
	
2

1