ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  25 October 2019

	DOCKET NUMBER:  AR20190011677


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his rank as sergeant (SGT).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, ending 29 July 1983

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 (ABCMR) 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 the highest rank he held was SGT.  However, he was 
reduced in rank because of an administrative error and not because of any wrong 
doing, or violations of the Uniform Code of Military Justice (UCMJ).

3.  The record shows that he enlisted in the Regular Army on 14 July 1972. 

4.  His DA Form 2-1 (Personnel Qualification Record) shows the applicant was 
promoted to SGT on 11 July 1979.

5.  A DA Form 2166-5A (Senior Enlisted Evaluation Report), filed in the applicant's 
record, covers the period from October 1980 through August 1981.  This evaluation 
shows the applicant received several unfavorable comments during the rated period, 
which included:

*	a recommendation to return to Advanced Individual Training
*	having major short comings as an noncommissioned officer
*	having a problem with the English language
*	needing supervision and lacking attention to detail

6.  Also filed in his record are Orders, dated 9 October 1981, published by 
Headquarters, 7th Infantry Division and Fort Ord, Fort Ord, CA.  These orders 
reduced the applicant to specialist four (SP4), due to inefficiency.

7.  There are no orders promoting the applicant to SGT after 9 October 1981.

8.  He was discharged on 23 July 1983 and his DD Form 214 shows in:

*	item 4a (Grade, Rate or Rank) – "SP4"
*	item 4b (pay Grade) – "E4"
*	item 12h (Effective Date of Pay Grade) – "81  10  09"

8.  Regulatory guidance governing the preparation of the DD Form 214 states to 
enter the rank and pay grade held at the time of separation in items 4a and 4b.

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 record of promotion and reductions, the reason for his 
reduction to Specialist, the absence of orders promoting him again to SGT and his 
rank at the time of separation.  The Board found insufficient evidence to show his 
reduction was improper or that he was selected for or promoted to SGT again prior 
to his separation.  Based on a preponderance of evidence, the Board determined 
that the rank shown for the applicant upon separation 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.













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 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) 600-200 (Enlisted Personnel Management), chapter 7, in 
effect at the time, contained Army-wide promotion policy and procedures.  It stated 
that the promotion of enlisted personnel to grades E-4 through E-9, and grade 
restorations were announced in orders.

3.  AR 635-5 prescribes the separation documents which are prepared for 
individuals upon retirement, discharge, or release from active military service or 
control of the Army.  It establishes standardized policy for preparing and distributing 
the DD Form 214 and stated to enter the active duty grade of rank and pay grade at 
the time of separation in Item 4a and 4b on the DD Form 214.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190011677

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