IN THE CASE OF:  

		BOARD DATE:  7 December 2020

		DOCKET NUMBER:  AR20200003074


APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) to show his rank as specialist (SPC)/E-4 instead of private 
(PV2)/E-2.

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 (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 when he was serving in Afghanistan he was a SPC. He was 
serving with the 436th Chemical Company from Laredo, TX. His current DD Form 214 
shows him as a PV2.

3.  A review of the applicant's official records shows the following:

	a.  On 12 October 2006, the applicant enlisted in the Texas Army National Guard 
(TXAARNG).

	b.  On 1 May 2007, DA Form 4187 (Personnel Action) was completed showing the 
applicant's immediate commander approved his advancement to the rank of PV2, 
effective on 1 May 2007.

	c.  On 7 November 2007, Orders issued by the Texas Military Forces, ordered the 
applicant to active duty in support of Operation Enduring Freedom in the rank of PV2. 

	d.  On 13 November 2008, the applicant was honorably released from active duty 
and returned to his ARNG unit. DD Form 214, item 4a (Grade, Rate or Rank) shows 
PV2.

	e.  On 4 December 2008, Orders Number, issued by the Texas Military Forces, 
amended Orders Number  pertaining to the applicant's mobilization. These orders show 
his rank as SPC.

	f.  The applicant's record is void of another DA Form 4187 indicating he was 
advanced to the rank/grade of private first class (PFC)/E-3 or SPC. Likewise, it is void of 
any indicators of a reduction in rank.

4.  See applicable references below. 

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
The applicant’s record is void, and he did not provide any evidence that sows he was 
released from the period of active duty in a rank other than PV2.  In addition, the 
applicant authenticated the information on his DD Form 214 with his signature.  The 
Board determined there is 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, USC, 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 (AR) 635-5 (Separation Documents) in effect at the time states 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. Source documents consist of the enlisted record 
brief and any other document authorized for filing in the official military personnel file. 
Item 4a; enter the grade or rank at the time of separation from the enlisted record brief.

3.  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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200003074


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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