ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  24 May 2019

	DOCKET NUMBER:  AR20190001784


APPLICANT REQUESTS: correction of the following areas on his DD Form 214 
(Certificate of Release or Discharge from Active Duty): 

*	Block 5a – grade, rate or rank changed to reflect SP4
*	Block 5b – pay grade changed to E-4
*	Block 17b – term of service changed to 2 years or 24 months 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Self-authored letter(s) dated 26 February 2019/ 27 February 2019
*	Excerpt from unknown source
*	Medical Statement for Retention in the USAR letter dated 7 June 1974
*	Request for Medical information letter dated 16 Sep 1974
*	Physical condition letter dated 17 Dec 1974
*	Army Board for Correction of Military Records (ABCMR) letter dated 15 Nov 2010 
reference transfer of medical information
*	North Carolina Veterans Administration (VA) letter dated 1 Apr 1980

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 that he would like his DD Form 214 to be corrected to reflect his 
last rank of promotion i.e. Specialist Four (SP4/E-4).  He further states that he was 
promoted by Colonel T.B.D to SP4 in September 1971 along with two other Soldiers 
(Major F.R.M. and Staff Sergeant W.A. Spivey) while he was home in North Carolina on 
Emergency leave awaiting compassionate reassignment.  His promotion orders were 
sent forward to his gaining company in Vietnam, but he was diverted from that 
assignment and sent to Fort Bragg, NC.  Subsequent to this assignment he was placed 
into the Individual Ready Reserve (IRR). 

   a.	Being assigned to the IRR for the last 6 months of his career (1 February to 23 
July 1972), the applicant states that since he was under orders of the Department of the 
Army and readily awaiting recall back to active duty (if necessary) he is requesting 
compensation pay because he had not been released or discharged from the Army. 
According to the applicant “Block 14 of my DD Form 214 clearly states that I was 
transferred into the USAR – which means I was still in the Army and I should be 
compensated”.  As a Soldier assigned to the IRR, he was unable to secure employment 
and therefore unable to pay his bills.

   b.	The applicant further states that he wants block 17B (term of service) to be 
corrected to reflect “2 years or 24 months” even though the last 6 months that he was 
serving was within the IRR.  He feels that he was given a “raw deal” of “injustice” and 
these corrections should be made to his DD form 214 and his military medical records 
so that he could receive the appropriate pay for his time in service.

3.  The applicant provides: 

   a.	An excerpt from an unknown source referencing the correction of military records 
and the review of discharge from military service.

   b.	On 7 June 1974, Medical Statement for Retention in the USAR letter from the 
United States Army Reserve Components Personnel and Administration Center, 
reflecting a temporary medical disqualification as of 29 Apr 1974. Applicant was directed 
to obtain a current medical statement from the physician that provided treatment. 
Suspense of 8 Jul 1974.

   c.	On 16 September 1974, Request for Medical Information letter from the United 
States Army Reserve Components Personnel and Administration reflecting non receipt 
of the requested medical information.

   d.	On 17 December 1974, Physical Condition letter from the United States Army 
Reserve Components Personnel and Administration reflecting receipt of his medical 
condition claim. This letter provides additional guidance on the necessary supporting 
documentation required to further process his request. Until received, his medical 
fitness status for military service would remain as documented in his file at that time. 

   e.	ABCMR response letter reference case number AR20100015211 dated 15 
November 2010 wherein he requested that medical reports be removed from his 
veteran’s file be returned to his veterans file. The letter further states that his medical 
records were transferred to the Veterans Administration at the time of his claim 
initiation. The Army has no jurisdiction over how the VA maintains their claim files.


   f.	North Carolina VA letter dated 1 Apr 1980 reflects the transmission of 3 
statements from the following individuals:

*	Mr. X.X.
*	Mr. X.X.
*	Mr. X.X.

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

*	23 July 1970 – inducted into the active Army for the period of 2 years
*	9 September 1971 – permanent change of station (PCS) orders assigning him as 
a Private First Class (PFC/E-3) to the United States Army Overseas 
Replacement Station, Ft. Lewis Washington; report date of 29 November 1971
*	5 January 1972 – PCS orders diverting him at the rank of PFC from his previous 
assignment and assigning him to the United States Army transfer Station, Ft. 
Lewis, Washington; report date of 6 January 1972
*	10 January 1972 – previous order amended to reflect assignment at the rank of  
PFC to the United States Army Transfer Point, Ft. Bragg, North Carolina; report 
date 6 January 1972
*	1 February 1972 – released from active duty and transferred into the United 
States Army Reserve Control Group at the rank of PFC; credited with 1 year 6 
months and 2 days of active service

5.  The applicant does not provide and the applicant’s record is void of any documents 
reflecting promotion or appointment to the rank of any pay grade higher than PFC. 

6.  AR 635-5 (Personnel Separation Documents) section III states that all available 
records will be used as a basis for preparation of DD form 214, including DA Form 20 
(Enlisted Qualification Record) and orders.

   a.	Line item 21 states that block 5a. – enter grade in which serving at the time of 
separation indicating whether permanent or temporary. 

b.	Line item 22 states that block 5b. – enter pay grade e.g. “E-8” or “E-4”.

   c.	Line item 40 states that block 17b. – indicate the term of service (in years) for 
which enlisted, reenlisted or ordered to active duty. For active duty for training 
(ACDUTRA) personnel enter “NA”.








BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, his statement, supporting 
documents and evidence in the record.  The Board discussed the absence of evidence 
in the record showing his promotion to SPC and the orders that separated him from 
active duty after 1 year 6 months and 2 days of active service.  The Board considered 
his transfer to the US Army Reserve Control Group after his period of active duty 
service, and determined that the DD Form 214 correctly reflects his active duty service.

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

: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.  AR 635-5 (Personnel Separation Documents) section III states that all available 
records will be used as a basis for preparation of DD form 214 (Certificate of Release or 
Discharge from Active Duty) including DA Form 20 (Enlisted Qualification Record) and 
orders.

   a.	Line item 21 states that block 5a. – enter grade in which serving at the time of 
separation indicating whether permanent or temporary. 

b.	Line item 22 states that block 5b. – enter pay grade e.g. “E-8” or “E-4”.

   c.	 Line item 40 states that block 17b. – indicate the term of service (in years) for 
which enlisted, reenlisted or ordered to active duty. For active duty for training 
(ACDUTRA) personnel enter “NA”.


ABCMR Record of Proceedings (cont)	 AR20190001784

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