ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 
IN THE CASE OF:   BOARD DATE:  31 October 2019 DOCKET NUMBER:  AR20190002511 
APPLICANT REQUESTS:  his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his rank as Corporal (CPL)/E-4.  
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  
. DD Form 149 (Application for Correction of Military Record) . DD Form 214 . DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge 
from Active Duty) 
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 an administrative error occurred in listing his rank when he was discharged. 

3. 
A review of the applicant’s record shows: 


. 17 November 1993 – enlisted in the Army National Guard as a Private (PVT)/ E-1 . 25 October 1995 –  was promoted to Specialist (SPC)/E-4 . 25 October 1995 – enlisted in the Regular Army . 12 February 1998 –  was demoted to Private First Class (PFC)/E-3 . 1 November 1998 – was promoted to SPC . 15 December 1999 – was discharged from the Army with his rank as SPC 
5. 
The applicant’s records are void of promotion orders, DA Form 4187 (Personnel Action) or other documents showing promotion to Corporal. 

ABCMR Record of Proceedings (cont)  AR20190002511 

6. 
Army Regulation 140-158 Enlisted Personnel Classification, Promotion, and Reduction Para 1-8.  Orders, announcing advancement, promotion, grade, restoration or revocation. 


1-8 b.  Promotions.  Promotion to corporal (CPL) through sergeant major (SGM) will be announced in orders per AR 310-10, Appendix A, format 301; and 302. 
(1) 
The promotion requires reassignment to a command authorized the soldier’s grade. 

(2) 
The effective date of the reassignment will not exceed 90 days from the date of the promotion order. 

(3) 
The date of rank for Troop Program Unit promotions under chapter 3 will be the date the promotion order is published. 

(4) 
The promotion order must include the following statements: “Promotion is not valid and will not be effective if the soldier is not in a promotable status on the effective date of the promotion.” 


BOARD DISCUSSION: 
After reviewing the application and all supporting documents, the Board found that relief is not warranted.  There is no documentation showing that the applicant was promoted or laterally appointed to the rank of Corporal (CPL)/E-4. 
ABCMR Record of Proceedings (cont)  AR20190002511 
BOARD VOTE: 
Mbr 1  Mbr 2  Mbr 3  
:  :  :  GRANT FULL RELIEF  
:  :  :  GRANT PARTIAL RELIEF  
:  :  :  GRANT FORMAL HEARING  
:  :  :  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. 
X 
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. 
ABCMR Record of Proceedings (cont)  AR20190002511 
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 140-158 Enlisted Personnel Classification, Promotion, and Reduction Para 1-8.  Orders, announcing advancement, promotion, grade, restoration or revocation. 


1-8 b.  Promotions.  Promotion to corporal (CPL) through sergeant major (SGM) will be announced in orders per AR 310-10, Appendix A, format 301; and 302. 
(1) 
The promotion requires reassignment to a command authorized the soldier’s grade. 

(2) 
the effective date of the reassignment will not exceed 90 days from the date of the promotion order. 

(3) 
The date of rank for Troop Program Unit promotions under chapter 3 will be the date the promotion order is published. 

(4) 
The promotion order must include the following statements: 


“Promotion is not valid and will not be effective if the soldier is not in a promotable status on the effective date of the promotion.” 
// NOTHING FOLLOWS //