ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  5 August 2019

	DOCKET NUMBER:  AR20190007643


APPLICANT REQUESTS: 

*	Promotion from Specialist (SPC/E-4) to Sergeant (SGT/E-5)
*	Correction of his DD Form 214 (Certificate of Release or Discharge from Active 
Duty) to reflect time spent in the Army Reserve 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Order# 66-9
*	Honorable Discharge Certificate 

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 that his records should reflect promotion from SPC to SGT.  He 
further states that his current DD Form 214 does not reflect his service in the Army 
Reserve. 

3.  The applicant provides a: 

*	Order# 66-9 – reflective of his reassignment in the Army Reserve concurrent with 
his promotion to the rank of SGT
*	Honorable Discharge Certificate – dated 8 August 1995 reflective of his 
honorable separation from the Army Reserve at the rank of SPC 

4.  A review of the applicant’s service records shows the following on: 

*	29 July 1981 – he enlisted in the Regular Army 
*	27 May 1985 (Order# 52-72) – he was discharged from the Army and transferred 
into the Army Reserve Control Group (Reinforcement) at the rank of SPC
*	24 June 1985 (Order# C-06-906128) – he was transferred into the Reserve 
Component 
*	19 May 1991 – he received his 1st unexcused absence from Drill Attendance and 
further notified that initiation of rank reduction would occur after his 5th 
unsatisfactory incident
*	25 Jan 1992 – he received his 12th unexcused absence from Drill Attendance 
and again notified that initiation of rank reduction would occur after his 5th 
unsatisfactory incident
*	21 May 1992 (Order# 033-071) – he was reassigned to the Army Reserve 
Control Group (Reinforcement) at the rank of SPC for Unsatisfactory 
Performance 
*	8 August 1995 (Order# D-08-568261) – he was honorably discharged from the 
Reserve Component at the rank of SPC

5.  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 a preponderance of the 
evidence.

6.  AR 635-5 (Personnel Separations – Separation Documents) establishes the 
standardized policy for preparing and distributing the DD Form 214.  The separation 
document is to provide the individual with a complete and accurate documentary 
evidence of their military service.  The DD Form 214 is a summary of a Soldier's most 
recent period of continuous active duty of more than 90 days to include attendance at 
basic and advanced training and is prepared for all personnel at the time of their 
retirement, discharge, or release from active duty.  The DD Form 214 is not required for 
periods of less than 90 days.

7.  Item 4 (Grade, Rate or Rank) on the DD Form 214 will reflect the Soldier’s pay grade 
at the time of separation from active duty.

8.  AR 140-158 (Enlisted Personnel Classification, Promotion and Reduction) states that 
Reservist in the rank of SGT or above, who are being considered for reduction due to 
inefficiency or-misconduct, or unsatisfactory participation will be advised in writing by 
the reduction authority of the contemplated action, and the reasons thereof. The Soldier 
will be advised of his or her rights in a notification letter.   

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 release from active duty, orders for his promotion, reassignment and his 
release from the USAR.  The Board found that the applicant was promoted to SGT in 
the USAR after his release from active duty and was honorably discharged from the 
USAR as a SPC, resultant from unsatisfactory performance.  The Board found no 
evidence that the applicant was again promoted to SGT before his release From the 
USAR and found no evidence that the applicant serviced a period of active duty that 
would generate a DD Form 214 after his release in 1985.  Based upon a preponderance 
of evidence, the Board determined that the applicant’s service and rank as it appears on 
his DD Form 214 were 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) 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 a preponderance of the 
evidence.

3.  AR 635-5 (Personnel Separations – Separation Documents) establishes the 
standardized policy for preparing and distributing the DD Form 214.  The separation 
document is to provide the individual with a complete and accurate documentary 
evidence of their military service.  The DD Form 214 is a summary of a Soldier's most 
recent period of continuous active duty of more than 90 days to include attendance at 
basic and advanced training and is prepared for all personnel at the time of their 
retirement, discharge, or release from active duty.  The DD Form 214 is not required for 
periods of less than 90 days.

4.  Item 4 (Grade, Rate or Rank) on the DD Form 214 will reflect the Soldiers pay grade 
at the time of separation from active duty.

5.  AR 140-158 (Enlisted Personnel Classification, Promotion and Reduction) states 
that Reservist in the rank of SGT or above, who are being considered for reduction due 
to inefficiency or-misconduct, or unsatisfactory participation will be advised in writing by 
the reduction authority of the contemplated action, and the reasons thereof. The Soldier 
will be advised of his or her rights in a notification letter.

ABCMR Record of Proceedings (cont)	 AR20190007643

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