IN THE CASE OF: BOARD DATE: 20 October 2022 DOCKET NUMBER: AR20190007957 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 11 May 1982, to show his rank/grade as sergeant (SGT)/E-5 vice specialist four (SP4)/E-4. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Forms 214 ending on 3 April 1979 and on 11 May 1982 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 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 the change is needed due to severe illness. 3. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 1 March 1977, in the rank and grade of private/E-1. He held military occupational specialty 17K, Ground Surveillance Radar Crewman b. He was promoted to SP4/E-4 effective 1 August 1978, by authority of Orders 155-16, issued by the U.S. Army Regional Personnel Center, Fulda, Germany. c. He was honorably discharged on 3 April 1979 for immediate reenlistment. His DD Form 214 for this period shows his rank and grade as SP4/E-4 and his effective date of pay grade as 1 August 1978. d. He reenlisted in the Regular Army, in the rank/grade of SP4/E-4 on 4 April 1979. e. On 9 March 1982, an informal physical evaluation board (PEB) found him physically unit and recommended his separation with severance pay, at a 20% disability rating. He did not concur. The Informal PEB Proceedings listed his rank as E-4. f. On 26 March 1982, a formal PEB also found him unfit but rated his disability at 40% and recommended his placement on the temporary disability retired list (TDRL). The Formal PEB Proceedings listed his rank as E-4. g. Orders Number D81-7, issued by the U.S. Army Military Personnel Center on 27 April 1982 relieved him from active duty because of physical disability on 11 May 1982 and placed him on the TDRL, in the rank of SP4/E-4 on 12 May 1982. h. He was honorably retired on 11 May 1982 and placed on the TDRL in his retired rank/grade of SP4/E-4 on 12 May 1982. His DD Form 214 for this period of service listed his rank/grade as SP4/E04 and effective date of pay grade as 1 August 1978. i. On 28 March 1983, a TDRL PEB convened and found he remained unfit. The TDRL PEB rated his disability at 10% and recommended his permanent disability retirement. The TDRL PEB Proceedings listed his rank as E-4. j. Orders Number D6-8, issued by the U.S. Army Military Personnel Center on 10 January 1984, removed him from the TDRL and permanently retired him retired him because of physical disability on 25 January 1984, in the rank of SP4/E-4 on 12 May 198On k. His DA Form 2-1 (Personnel Qualification Record) shows SP4/E-4 as the highest grade he attained. 5. By regulation (AR 600-8-19), promotions to SGT/E-5 requires appearance before a promotion board, a recommendation to be added to the promotion list, meeting monthly promotion cut-off scores for the MOS, and announcement in orders. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon the available documentation, the Board found insufficient evidence to show that the applicant was ever promoted above the rank of Specialist during his period of military service. As a result, the Board recommended denying 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, 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes the enlisted promotions and reductions function of the military personnel system. Promotion to sergeant (SGT) and staff sergeant (SSG) is based on an Army-wide competition. The competition is based on a point system that grants points for firing range scores, performance evaluations, physical fitness, education level, awards and promotion board ranking. In addition to formal board appearance at battalion level and a positive recommendation by the promotion authority, the Soldier must meet the monthly cut-off scores for the MOS being recommended before promotion orders are published. 3. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. Chapter 2 states: Items 4a and 4b show the active duty rank/grade held at the time of separation, and Item 12h shows the effective date of rank (of the rank a Soldier held at the time of separation). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190007957 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1