ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 September 2019 DOCKET NUMBER: AR20190005025 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect Specialist (SP4/E-4) rank instead of Private (PVT/E-2). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Special Order Number 12 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 his discharge documents, DD Form 214, lists him as E2; however he served in the grade of E4. He believes it was a clerical error. 3. The applicant provides the following documents in support of his request: * DD Form 214 , dated 12 January 1970 shows: o he was honorably discharged at the rank PVT and pay grade E-2 o he was transferred to the United States Army Reserve as an overseas returnee and his terminal date of Reserve/ UMT & S Obligation was 3 June 1974 * Special Order Number 12, dated 12 January 1970, from the Department of the Army Headquarters, US Army Personnel Center, shows he was assigned to the US Army Reserve Control Group (Annual Training) with an effective date of 13 January 1970 with a six year obligation; his rank shows as SP4 and Special Instructions: Individual has under 4 years of service pay grade E-4 4. A review of the applicant records show: * 4 June 1968 – he was inducted in the United States Regular Army as a PVT/ E-1 * 4 October 1968 –his DA Form 20 (Enlisted Qualification Record) shows he was promoted to PVT/ E-2 * 5 December 1968 –was the last time his DA Form 20 was audited/ updated 5. The applicant’s records are void of and the applicant did not provide promotion orders to E-3 or E4. 6. Army Regulation (AR) 624-200 (Promotions, Demotions and Reductions) states that the authority to appoint individuals to the pay grades of E-3 and E-4 has been delegated to Company, Troop, Battery and Detachment Commanders. 7. AR 624-200, Section 2 paragraph 4 (Orders) states that temporary appointment of enlisted personnel to all grades above E-3 and permanent appointment to E-3 will be announced in orders issued by the appointing authority. The orders will state whether the appointment is permanent or temporary, show both grade and pay grade, and cite the specific paragraph and subparagraph of the regulation upon which the authority for the appointment is based. 8. Army Regulation 635-5 (Personnel Separations) in effect at the time prescribe forms to be used in the separation of Army personnel and are applicable to all officer and enlisted personnel on active duty. The purpose of the DD Form 214 is to provide an individual with documentary evidence of his military service. Source documents will consist of the DA Form 20 and all available records. 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, the promotions shown on his DA Form 20, the absence of orders or other documents reflecting a promotion to PFC or SP4, the rank on his orders transferring him to the US Army Reserve Control Group (Annual Training) and the rank reflected on his DD Form 214. The Board found no additional records specific to the applicant’s USAR service or the grade he held, and he provided none. Based on a preponderance of evidence, the Board determined that the applicant’s rank as reflected on his DD Form 214 was not in error or unjust. 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. Army Regulation (AR) 624-200 (Promotions, Demotions and Reductions) states that the authority to appoint individuals to the pay grades of E3 and E4 has been delegated to Company, Troop, Battery and Detachment Commanders. 3. AR 624-200, Section 2 paragraph 4 (Orders) states that temporary appointment of enlisted personnel to all grades above E-3 and permanent appointment to E3 will be announced in orders issued by the appointing authority. The orders will state whether the appointment is permanent or temporary, show both grade and pay grade, and cite the specific paragraph and subparagraph of the regulation upon which the authority for the appointment is based. 4. Army Regulation 635-5 (Personnel Separations) in effect at the time prescribe forms to be used in the separation of Army personnel and are applicable to all officer and enlisted personnel on active duty. The purpose of the DD Form 214 is to provide an individual with documentary evidence of his military service. Source documents will consist of DA Form 20 and all available records. ABCMR Record of Proceedings (cont) AR20190005025 3 1