ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  16 September 2019

	DOCKET NUMBER:  AR20190010563


APPLICANT REQUESTS:  request promotion to Specialist (SPC/E4)

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 that he would like his promotion to SPC reinstated.  He 
underwent a court martial while assigned in Germany for writing bad checks.  He was 
then required to complete retraining at Fort Riley, KS.  Following completion of 
retraining, he was then transferred to Fort Hood, TX.  While assigned at Fort Hood, he 
was advised that his rank would be restored, however this could not occur because his 
records were lost.  He further request that this correction be reflected on his DD Form 
214.  

3.  The applicant does not provide nor does a review of his records reveal promotion to 
any rank beyond PV2 while on active duty or PFC while serving in the Army Reserve.

4.  A review of the applicant’s personnel records reflects the following on: 

*	1 March 1978 – he entered active duty as a Private (PVT/E1)
*	1 September 1978 – he was promoted to Private Second Class (PV2/E2) 
*	27 March 1979 – he was promoted to Private First Class (PFC/E3)
*	24 May 1979 – he was reduced to PV2
*	27 April 1979 – attempted to defraud and agency by writing a bad check 
*	21 June 1979 – a bar to reenlistment was issued 
*	16 August 1979 – his court martial for repeated offenses sentence was adjudged; 
reduction to PVT, forfeiture of $50 for 2 months and confinement at hard labor for 
2 months 
*	1 October 1979 (Order# 350 and 379)– his court martial sentence was approved; 
suspended forfeiture of $50 for 2 months and confinement at hard labor for 2 
months until 11 January 1980
*	1 October 1979 – he was reduced from PV2 to PVT
*	19 November 1979 (Order# 211-4) – reassigned to Fort Hood, TX as a PVT
*	22 March 1981 – honorably released from active duty at the rank of PVT and 
transferred into the Army Reserve Control Group (Reinforcement) 
*	11 November 1981 (Order# 11-127164) – transferred from the Control Group 
(Reinforcement) and reassigned to a Troop Program Unit (TPU) within the Army 
Reserve as a PFC
*	18 March 1983 (Order# 20-2) – he was released from his TPU assignment for 
unsatisfactory participation and transferred back into the AR Control Group 
(Reinforcement) as a PFC
*	1 April 1984 (Order# D-03-011363) – discharged from the Army Reserve as a 
PFC

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) states that item 4a and 4b (Pay Grade and Rank) 
of the DD Form 214 will reflect the active duty pay grade and rank at the time of 
separation. 

7.  AR 140-158 (Enlisted Personnel Classification, Promotion and Reduction) states that 
Advancement to PFC and SPC is not mandatory.  To be eligible for promotion to SPC a 
Soldier must have 6 month’s time in grade as a PFC and 24 month’s time in service.  
When a Soldier has been reduced to PV1, he or she may be advanced to PV2 on the 
date promotable status is regained.  A Soldier will not be advanced or promoted if he or 
she has become an unsatisfactory participant.  

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, the promotions and reductions in his records, the record of courts-martial, the 
reason for his separation, his rank upon departure from active duty and his rank upon 
separation from the USAR.  The Board found no evidence that the applicant was eligible 
or recommended for promotion to SPC.  Based on a preponderance of evidence, the 
Board determined that the rank reflected on the applicant’s separation documents was 
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) 635-5 (Personnel Separations) states that item 4a and 4b 
(Pay Grade and Rank) of the DD Form 214 will reflect the active duty pay grade and 
rank at the time of separation.

3.  AR 140-158 (Enlisted Personnel Classification, Promotion and Reduction) states that 
Advancement to PFC and SPC is not mandatory.  To be eligible for promotion to SPC a 
Soldier must have 6 month’s time in grade as a PFC and 24 month’s time in service.  
When a Soldier has been reduced to PV1, he or she may be advanced to PV2 on the 
date promotable status is regained.  A Soldier will not be advanced or promoted if he or 
she has become an unsatisfactory participant. 


ABCMR Record of Proceedings (cont)	 AR20190010563

4

1