ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 October 2019

	DOCKET NUMBER:  AR20190004005


APPLICANT REQUESTS:  correction of his record to show he was restored to the 
rank/grade of specialist (SPC)/E-4 with applicable back pay and allowances.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 
23 August 2013

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 he was an exceptional Soldier who received awards such as the 
Army Good Conduct Medal and always served his country.  He believes during his 
medical discharge he was falsely accused of failing a urinalysis due to a fellow 
roommate failing a urinalysis.  He never received a chance to challenge the results.  He 
believes departing the Army on so many medications and in his state of being sedated, 
he was forced to do so without proper representation and knowledge.  He was on the 
medications listed below at the time and would like a review of his case and have the 
rank of SPC restored.

*	Xanax – Bi-polar type II
*	Ambien CR – Depression
*	Vicodin – Anxiety
*	Lithium – post-traumatic stress disorder
*	Abilify – Insomnia
*	Trazadone – ruptured disc in his back and broken wrist



3.  A review of the applicant’s official records shows:

*	29 June 2009 – the applicant enlisted in the Regular Army
*	13 June 2013 – Enlisted Record Brief (ERB) shows the applicant was promoted 
to the rank of SPC on 29 June 2011, and an adverse action flag was initiated on 
10 May 2013
*	18 June 2013 – Orders Number 169-0002, issued by the U.S. Army Support 
Activity, Joint Base Langley-Eustis, retired the applicant by reason of permanent 
disability in the rank of SPC
*	22 August 2013 – Orders Number 234-0001 amended Orders Number 169-0002 
by changing the applicant’s rank/grade from SPC to private first class (PFC)/E-3 
based on a DA Form 2627 (Record of Proceedings Under Article 15, Uniform 
Code of Military Justice), dated 5 August 2013
*	23 August 2013 – ERB shows the applicant was reduced in rank from SPC to 
PFC effective 5 August 2013
*	23 August 2013 – the applicant was honorably retired by reason of disability, 
permanent (enhanced); item 4a (Grade, Rate or Rank) of his DD Form 214 
shows PFC
*	the applicant’s records are void of any record of non-judicial punishment

4.  Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states, the ABCMR begins its 
consideration of each case with the presumption of administrative regularity.  The 
applicant has the burden of proving an error or injustice by the preponderance of the 
evidence. 

5.  AR 635-5 (Separation Documents) in effect at the time prescribes the separation 
documents that must be prepared for Soldiers on retirement, discharge and release 
from control of the active Army.  Source documents will consist of the ERB, separation 
orders, and any other document authorized for filing in the official record.  Item 4a, enter 
the active duty grade or rank at the time of separation.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.

2.  The Board agreed that in this case there is no evidence indicating error or injustice in 
the applicant's reduction to PFC on 5 August 2013.  The available military service 
records do not show the basis for his reduction as punishment under Article 15.  As 
such, the Board was unable to assess the validity of his claim that he was falsely 
accused of failing a urinalysis.  The Board concluded the available evidence does not 
provide a basis for granting relief.  



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.


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 15-185 (ABCMR) paragraph 2-9 states, the ABCMR begins its consideration of 
each case with the presumption of administrative regularity.  The applicant has the 
burden of proving an error or injustice by the preponderance of the evidence. 

3.  AR 635-5 (Separation Documents) in effect at the time prescribes the separation 
documents that must be prepared for Soldiers on retirement, discharge and release 
from control of the active Army.  Source documents will consist of the ERB, separation 
orders, and any other document authorized for filing in the official record.  Item 4a, enter 
the active duty grade or rank at the time of separation.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190004005

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