BOARD DATE: 18 August 2020 DOCKET NUMBER: AR20190015569 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his rank/grade as specialist (SPC)/E-4 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4187-e (Electronic Request for Personnel Action), dated 24 September 1990 * Certificate of Promotion, dated 1 October 1990 * four Leave and Earnings Statements (LES), dated 1 September 1990 through 31 December 1990 * DD Form 214 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 his DD Form 214 reflects the rank/grade of private first class (PFC)/E-3 when he was promoted to the rank/grade of SPC/E-4. 3. The applicant enlisted in the Regular Army on 17 August 1988. 4. The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II) shows his highest rank/grade held was PFC/E-3 and his date of rank was 1 March 1990. 5. The applicant provided a DA Form 4187-E, which shows on 21 September 1990 a request for the applicant’s advancement to the rank of SPC with a waiver was submitted on 21 September 1990, with an effective date and date of rank of 17 October 1990. The form is signed by the approval authority on 24 September 1990. 6. He provided an LES covering the period 1 -30 September 1990, which shows his pay grade as E-3. 7. The applicant provided a Certificate of Promotion, signed by his company commander and dated 1 October 1990, showing he was promoted to the rank of SPC on 1 October 1990. 8. He provided an LES covering the period 1 – 31 October 1990, which shows his pay grade as E-4 and lists his promotion to E-4 effective 1 October 1990 9. The applicant also provided two further LESs, covering the periods 1 – 30 November 1990 and 1 – 31 December 1990. Both LESs show his pay grade as E-4 and they both also reflect he was flagged for suspension of favorable actions for Army Physical Fitness Test failure on 22 October 1990 and entry into the Army Weight Control Program. 10. The applicant filled out a DA Form 664 (Service Member’s Statement Concerning Compensation from the Veterans Administration), dated 3 July 1991, wherein he listed his rank as SPC. 11. Headquarters, Fort Carson Orders 000141-924, dated 21 May 1991 reassigned the applicant to the U.S. Army transition point for transition processing. The orders show his rank as PFC. 12. The applicant was honorably released from active duty on 7 July 1991, after 2 years, 10 months, and 21 days of net active service due to his expiration term of service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). Item 4a (Grade, Rate or Rank) lists “PFC” and item 4b (Pay Grade) lists E-3. Item 12 (Record of Service) h (Effective Date of Pay Grade) lists “90 03 01” (1 March 1990). 13. USAR Personnel Center Orders C-12-143831, dated 31 December 1991 reassigned the applicant per voluntary request from the USAR Control Group (Reinforcement) to a USAR Troop Program Unit effective 31 December 1991. USAR Personnel Center Orders D-08-670016, dated 20 August 1996, honorably discharged him from the USAR effective 20 August 1996. Both sets of orders list the applicant’s rank as PFC. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The Board found that the applicant did not provide and the record holds insufficient evidence that the FSM was discharged as a SPC/E-4. The applicant’s personnel qualification record indicates the applicant’s highest grade was PFC/E-3. The applicant was flagged for overweight and APFT failure in November and December 1990 and the applicant did not provide his final LES, which would indicate his rank at time of discharge. Therefore, the Board found insufficient evidence to grant 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. a. It established standardized policy for preparing and distributing the DD Form 214 (Certificate of Release or Discharge from Active Duty). The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. b. The specific instructions for items 4a and b (Grade, Rate or Rank and Pay Grade) stated to enter the active duty grade or rank and pay grade at the time of separation. c. The specific instructions for item 12h (Effective Date of Pay Grade) were to enter the effective date of promotion to pay grade. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190015569 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1