ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  
   IN THE CASE OF:  

                   BOARD DATE:  13 September 2019

                   DOCKET NUMBER:  AR20190008217


APPLICANT REQUESTS:  DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge) to show promotion to Sergeant (SGT)/E-5.

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 shows his pay grade as E-4 and should show E-5
*	he was promoted to E-5 in September 1971

3.  A review of the applicant’s service record shows:

*	29 April 1970 – enlisted in the United States Army 
*	8 October 1970 – promotion Orders to Specialist Four (SP4)/E4
*	30 August 1971 – memo indicating the applicant was on a recommended list for 
promotion to the rank of SGT 
*	28 December 1971 – the applicant was honorably released from active duty, 
DD Form 214 shows in item:

*	5a (Grade, Rate or Rank) SP4
*	6 (Date of Rank) 9 October 1970

4.  His record is void of any orders promoting him to the rank of SGT



5. AR 600-200 (Enlisted Personnel Management System), in effect at the time, 
prescribed policies, responsibilities, and procedures pertaining to career management 
of Army enlisted personnel.  Chapter 7 contained Army wide promotion policy and 
procedures.  It stated the promotion of enlisted personnel to grade E-5 through E-9, 
appointments, grade reductions, and grade restoration were announced in orders.

6.  AR 635-5 (Separation Documents) in effect at the time, establishes the standardized 
policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on 
the preparation of DD Form 214.  It states that items 5a will show the active duty rank 
and pay grade at time of the Soldier's separation; the rank is taken from the Soldier's 
promotion/reduction orders; and item 6 shows the date of rank.  


BOARD DISCUSSION:

The Board agreed that, although the record shows the applicant had been 
recommended for promotion to SGT/E-5, there is no evidence confirming he was 
actually promoted prior to his release from active duty.  In the absence of orders or 
other records confirming that he was promoted, the Board found no basis for granting 
the requested relief.  
 

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.


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.  AR 600-200 (Enlisted Personnel Management System), in effect at the time, 
prescribed policies, responsibilities, and procedures pertaining to career management 
of Army enlisted personnel.  Chapter 7 contained Army wide promotion policy and 
procedures.  It stated the promotion of enlisted personnel to grade E-5 through E-9, 
appointments, grade reductions, and grade restoration were announced in orders.

3.  AR 635-5 (Separation Documents) in effect at the time, establishes the standardized 
policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on 
the preparation of DD Form 214.  It states that items 5a will show the active duty rank 
and pay grade at time of the Soldier's separation; the rank is taken from the Soldier's 
promotion/reduction orders; and item 6 shows the date of rank.  





ABCMR Record of Proceedings (cont)		AR20190008217
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