ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 July 2019

	DOCKET NUMBER:  AR20190003078


APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of transfer or Discharge) to show:

* service number as XX-XX-XXX instead of XX-XXX-XXX
* correct rank/grade of specialist four (SP4)/E-4 instead of private first class (PFC)/E-3

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 137 (Installation Clearance Record), dated 19 February 1968
* Special Orders (SO) Number 60, dated 9 March 1968
* DD Form 214, dated 13 March 1968
* DD Form 256A (Honorable Discharge Certificate), dated 17 March 1972

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 (ABCMR) 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 and provides his:

* DD Form 214 which shows his rank as PFC and an incomplete service number 
* DA Form 137 shows SP4
* SO Number 60 shows SP4 
* his Honorable Discharge Certificate which shows his rank as PFC 
* DD Form 256A which shows his rank as PFC

3.  A review of the applicant’s service records show the following on:

* 18 March 1966 – the applicant was inducted into the Army of the United States and this form lists his service number as XX XXX-XXX
* 29 February 1968 – the applicant accepted non-judicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for failure to obey a lawful general regulation, his punishment was reduction to PFC
* 13 March 1968 – the applicant was honorably released from active duty, his                   DD Form 214 shows the following in:

* item 2 (Service Number) XX-XXX-XXX
* item 5a (Grade, Rate or Rank) PFC permanent

4.  Army Regulation (AR) 635-5 (Separation Documents) states all available records will be used as a basis for the preparation of DD Form 214.  Item 5a, enter the grade in which serving at the time of separation. 

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and evidence in the records.  The Board considered the applicant’s statement, his record of service, and his promotion to SPC and subsequent reduction to PFC as the result of NJP.  The Board determined, based on the preponderance of evidence, that the applicant’s rank at the time of separation was correctly annotated on his DD Form 214; there was no error or injustice.  The Board concurs with the administrative correction of the applicant’s service number as annotated below. 

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:

With the exception of the administrative correction annotated below, 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):

As it pertains to the applicant’s request to correct his service number.  DD Form 47, dated 18 March 1966, shows the applicant’s requested and correct service number as XX XXX-XXX.  Correct the applicant’s records to shows this service number.



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 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 (Separation Documents) states all available records will be used as a basis for the preparation of DD Form 214.  Item 5a, enter the grade in which serving at the time of separation. 

ABCMR Record of Proceedings (cont)	 AR20190003078
0

3


1