ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  11 July 2019

	DOCKET NUMBER:  AR20190007089


APPLICANT REQUESTS:  corrections to rank shown on DD Form 214 (Report of Separation from Active Duty) to reflect Sergeant (SGT)/ E-5 versus 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 held the rank of SGT upon discharge.  He requested a                DD Form 215 (Correction to DD Form 214 Certificate of Release or Discharge from Active Duty) to reflect his rank at discharge as E-5. 

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

* 16 August 1973 – he enlisted in the Regular Army (RA)
* DA Form 2-1 (Personnel Qualification Record) shows his promotion and reduction as follows:
o 16 August 1973 – Private  
o 16 November 1973 – Private Second Class  )
o 20 August 1974 – Private First Class  
o 6 February 1975 - Specialist  
o 28 June 1977 – Private First Class  
o 8 June 1978 – Corporal (CPL)/E-4
* 26 March 1976 – Certificate of Completion shows the applicant completed the Division Leadership Course in the rank of SGT
* DD Form 214 effective 22 August 1978 shows the applicant in the rank of CPL

4.  The records are void of promotion orders promoting the applicant to the rank of SGT.

5.  Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or
release from active military service or control of the Army.  Source documents will consist of DA Form 2-1 (Personnel Qualification Record), separation orders, and any other available record.  Item (4a and b), enter the active duty grade or rank and paygrade at the time of separation.

6.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribe the SGT promotion system.  Field grade commanders in units authorized a commander in the grade of LTC or higher have promotion authority to the ranks of SGT and SSG; however, the Promotions Work Center maintains the promotion standing list and issues the orders.  Promotion certificates will be prepared by the unit or the personnel and administration center for signature by the promotion authority. Any higher level commander may direct that signature authority be held at his or her level, but the certificate will still be prepared by the unit or PAC.  The semicentralized promotion system depends on the sequential execution of the key events HQDA Operations (Centralized) Promotion point cutoff scores are determined and announced monthly for each MOS on the basis of the scores reported by the field and the needs of the Army by grade and military occupational specialty (MOS). 

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, the record of the applicant’s promotions and reductions, the lack of promotion orders and the rank reflected on his DD Form 214.  The Board found there was insufficient evidence to show the applicant was serving as SGT at the time of his separation and determined there was no error or injustice requiring correction. 

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) 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or
release from active military service or control of the Army.  Source documents will consist of DA Form 2-1 (Personnel Qualification Record), separation orders, and any other available record.  Item (4a and b), enter the active duty grade or rank and paygrade at the time of separation.

3.  Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribe the SGT promotion system.  Field grade commanders in units authorized a commander in the grade of LTC or higher have promotion authority to the ranks of SGT and SSG; however, the Promotions Work Center maintains the promotion standing list and issues the orders.  Promotion certificates will be prepared by the unit or the personnel and administration center for signature by the promotion authority. Any higher level commander may direct that signature authority be held at his or her level, but the certificate will still be prepared by the unit or PAC.  The semicentralized promotion system depends on the sequential execution of the key events HQDA Operations (Centralized) Promotion point cutoff scores are determined and announced monthly for each MOS on the basis of the scores reported by the field and the needs of the Army by grade and military occupational specialty (MOS). 


ABCMR Record of Proceedings (cont)	 AR20190007089
0

3


1