ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                  IN THE CASE OF:  

                  BOARD DATE:  11 September 2020

                  DOCKET NUMBER:  AR20200000923


APPLICANT REQUESTS:  Correction of his DD Form 214 (Armed Forces of the United 
States Report or Transfer or Discharge) for the period ending 23 December 1964 to 
reflect his rank as Sergeant (SGT)/ E-5.

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214

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 he is requesting his rank on his discharge papers read 
sergeant/E-5 as he completed noncommissioned officer (NCO) school at West Point 
before being discharged from the military.  He was never given credit for going to NCO 
school.  

3.  The applicant's service records were not available for review by the analyst of 
record.  His records were checked out to the Department of Veterans Affairs.

4.  The applicant provides a DD Form 214, for the period ending 23 December 1964, 
which shows:

*	his rank was Private/E-2
*	he entered active duty on 2 June 1964
*	he was a member of the Army National Guard (ARNG)
*	he was released to the ARNG of New York
*	he was released from active duty on 23 December 1964
*	he had served 6 months and 9 days on active duty

5.  The applicant did not provide documentation showing he had attended an NCO 
school or orders promoting him to SGT.

6.  See applicable references below.


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.

2.  The Board agreed that attending an NCO course would not automatically confer a 
higher grade on a Soldier.  Promotions are announced in orders, and the available 
records contain no orders promoting the applicant to SGT/E-5 or any other 
documentation indicating that the promotion occurred.  The Board determined there is 
no error or injustice in the rank and grade recorded on his DD Form 214 for the period 
ending 23 December 1964.  


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 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 635-5 (Separation Documents) prescribes the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  The DD Form 214 is a summary of a Soldier's 
most recent period of continuous active duty of more than 90 days to include 
attendance at basic and advanced training and is prepared for all personnel at the time 
of their retirement, discharge, or release from active duty.  It establishes standardized 
policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of 
active Army service at the time of release from active duty, retirement or discharge.  It 
states:

*	in blocks 4a-c, enter the active duty grade, rank and pay grade held at the time 
of separation
*	in blocks 12i, from the most recent promotion document (or reduction 
instrument), enter the effective date of promotion or reduction to the current pay 
grade

3.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR), 
prescribes the policies and procedures for correction of military records by the Secretary 
of the Army, acting through the ABCMR. It 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.

///NOTHING FOLLOWS///


	



ABCMR Record of Proceedings (cont)		AR20200000923
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