ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 May 2020 DOCKET NUMBER: AR20190004560 APPLICANT REQUESTS: * correction of his DD Form 214 (Certificate of Release of Discharge from Active Duty) to reflect his rank as Private (PV2)/E-2 * add his training to his DD Form 214 APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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 his DD Form 214 has the wrong rank on it and does not have any training listed. If the Board looks at his personnel file it shows his training and rank. He served honorably and has no criminal record. 3. The applicant's service records contain the following documents for the Board's consideration: a. A DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) which shows the applicant joined the US Army Reserve in the delayed entry program on 10 November 1998. He enlisted as a Private (PVT)/E-1 and entered active on or about 30 December 1998. b. A DA Form 2-1 (Personnel Qualification Record), dated 5 January 1999, which shows: * in item 6 (Military Occupational Specialties (MOS)) he did not have an MOS * in item 35 (Record of Assignments) he entered basic training on 11 January 1999 and advanced individual training on 22 March 1999 * in item 18 (Appointments and Reductions) his rank was PVT with a date of rank of 29 December 1998 * in item 17 (Civilian Education and Military Schools) he attended 67R MOS school in 1999 c. A separation packet, dated 10 January 2000, for Unsatisfactory Performance, which shows: * the applicant was given a general under honorable conditions separation * he had no potential for useful service under conditions of full mobilization * his rank was listed as PV2 throughout the separation packet * the action was initiated because the applicant was a poor performer as a Soldier * he did not have any promotions on his record d. A DD Form 214 (Certificate of Release or Discharge from Active Duty), which shows the applicant was a PVT with a date of rank of 29 December 1998. He was discharged on 31 January 2000 for unsatisfactory performance. His character of service was General, Under Honorable Conditions. He received the MOS of 67R. 4. The applicant’s service records are void of promotion orders to the rank of PV2, derogatory information and that he attended training other than his MOS producing course. 5. The applicant did not provide any documentary evidence for the Board's consideration. 6. See below for applicable references. 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 and length of service, entries on his DA Form 2-1 specific to military training and awards, the MOS entry on his DD Form 214, the rank reflected on multiple documents in his separation packet and the reason for his separation. The Board found no evidence of disciplinary actions reducing his rank. Based on a preponderance of evidence, the Boar determined that the rank and the absence of military training and an Army Service Ribbon on the DD Form 214 was in error. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 for the period of service ending 31 January 2000 as follows: - item 4.a. (Grade, Rate, or Rank) and 4.b. (Pay Grade) – “PV2 and E2” vice “PV1 and E1” respectively; - item 13 (Decorations, Medals, Badges, Citations…) – add Army Service Ribbon, and; - item 14 (Military Education) – add “AH-64 Attack Helicopter Repairman, 15 weeks, 1999” 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, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states: * in blocks 4a-c, enter the active duty grade, rank and pay grade held at the time of separation * in block 11, enter the titles of all MOSs awarded * in blocks 12i, from the most recent promotion document (or reduction instrument), enter the effective date of promotion or reduction to the current pay grade * in block 14, list all formal, in-service training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration ABCMR Record of Proceedings (cont) AR20190004560 4