ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS[ IN THE CASE OF: BOARD DATE: 26 September 2019 DOCKET NUMBER: AR20190010297 APPLICANT REQUESTS: Correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to: * show his rank/grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4 * change date of rank to 13 July 1967 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 215 (Correction of Release or Discharge From Active Duty for DD Form 214) dated 26 April 1971 * DD Form 214 dated 23 May 1968 * DA Form 1811 (Physical and Mental Status on Release From Active Service) * Noncommissioned Officer Academy Certificate * Special Orders Number 145 (Temporary Promotion ) * Certificate of Birth 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 he was unjustly reduced to SP4. He has no record of being reduced to a lower rank. A person hit him and broke his jaw at the going away party given by his lieutenant. He provided a copy of the temporary promotion orders reflecting his promotion to Sergeant (SGT)/E-5. 3. The applicant provides: * DD Form 215 which reflects the correction of his last name on his DD Form 214 dated 26 April 1971 * DD Form 214 reflecting his rank as SP4 (P)/ E-4 and date of rank 1 May 1968 * DA Form 1811 that reflects his rank as SP4 and how his physical condition on 23 May 1968 was considered physically qualified for separation or for re-enlistment * Noncommissioned Officer Academy Certificate that reflects his rank as SP4 and validates he completed the training on 24 March 1967 to qualify for promotion * Special Orders Number 145, dated 13 July 1967, issued by Headquarters 34th Signal Battalion, that reflects his temporary promotion to the rank of SGT/E- 5 4. A review of the applicant’s service records shows: * 27 April 1965 – the applicant was inducted into the Regular Army * 6 May 1968 – DA Form 268 (Report For Suspension of Favorable Personnel Actions) pending an investigation for simple assault * 1 May 1968 – the applicant was reduced to the rank of SP4 as reflected in item 33 (Appointments and Reductions) on the DA Form 20 after he accepted a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) for assault * DA Form 20 (Enlisted Qualification Record) reflects the following in item 33 (Appointments and Reductions): * PVT E-1 (Permanent) (P) 27 April 1965 * PVT E-2 (P) 27 August 1965 * PFC E-3 (P) 27 December 1965 * SP4 E-4 (Temporary) (T) 30 June 1966 * SP4 E-4 (P) 30 June 1966 * SGT E-5 (T) 13 July 1967 * SP4 E-4 (P) 1 May 1968 * 23 May 1968 – the applicant was honorably released from active duty, his DD Form 214 shows in item: * 5a (Grade, Rate or Rank) SP4 (P) * 6 (Date of Rank) 1 May 1968 BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. The Board agreed that the applicant's reduction to SP4/E-4 was appropriate as punishment for his misconduct. The Board found no evidence of error or injustice in his reduction in grade. The DD Form 214 accurately reflects the rank/grade he held at the time of his release from active duty. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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. 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. Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, prescribed the policies and procedures for the promotion and reduction of enlisted Soldiers. Paragraph 7-5. Indicates date of rank upon appointment, promotion, reduction, and restoration of grade will be as prescribed in AR 600-200 and this chapter, except that whenever an individual's grade is changed under Article 15, UCMJ, date or rank will be a prescribed in AR 27-10 (Military Justice).Paragraph 7-13 (Temporary Promotion to Pay Grades E-4 through E-7 Which Require Promotion Quota Allocations) regulates temporary promotions of enlisted personnel of the Active Army to pay grades E-4 through E-6. This paragraph will be cited in promotions using quota allocations. 4. AR 624-200 (Promotion, Demotions, and Reductions Appointment and Reduction of Enlisted Personnel) Item #33 states when the reduction is for misconduct, orders will show "misconduct" as the reason, and will cite "UCMJ, Article 15, and MCM, 1951, chapter XXVI" as the authority. The reduction will be imposed on the date signed by the commanding officer. 5. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents that will be furnished each individual who is separated from the Army. Item 5a; enter the grade in which serving at the time of separation. Item 6; enter the date of rank at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190010297 3