ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 20 September 2019 DOCKET NUMBER: AR20190006664

APPLICANT REQUESTS: correction of rank on DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) from Private First Class (PFC)/E-3 to Corporal (CPL)/E-4.

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, 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 he was promoted to E-4 prior to discharge; however, his rank on his DD Form 214 is listed as E-3. He states he did not know he was a E-4 until the time of his discharge. He reports he did not receive a court martial or any other disciplinary action. He states he wants his rank corrected so it can go on his grave marker.

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

* 7 January 1959 – he enlisted in the Regular Army (RA)
* 1 August 1960 – he was promoted from E-3 to Specialist (SP4)/E-4
* 1 May 1961 – Special Orders Number 66 shows he was reduced from E-4 to E-3 for misconduct
* 12 March 1962 – Special Orders Number 62 shows he was relieved from active duty
* 19 March 1962 – he was honorably discharged from the RA in the rank of E-3

4. The applicant’s records are void of promotion orders, restoring his rank from E-3 to E-4.  His records are void of promotions orders, promoting him to CPL.
1. 

5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 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 a preponderance of the evidence.
6. Army Regulation (AR) 635-5 (Separation Documents) states DD Form 214 provides the individual with documentary evidence of his military service. Source documents will consist of DA Form 20 and all available records when preparing DD Form 214.  Item 5(a) enter the grade/rank 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, his record of promotions and reductions, and his separation document. The Board found insufficient evidence of orders or other documents that show the applicant was again selected for or promoted to CPL/E-4 following his reduction to PFC, and the applicant provided none in support of his statement. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was not in error or unjust.

2. After reviewing the application and all supporting documents, the Board found that relief was not warranted.
1. 

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.



8/10/2020

 X	
CHAIRPERSON
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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 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 a preponderance of the evidence.
6. Army Regulation (AR) 635-5 (Separation Documents) states DD Form 214 provides the individual with documentary evidence of his military service. Source documents will consist of DA Form 20 and all available records when preparing DD Form 214.  Item 5(a) enter the grade/rank in which serving at the time of separation.