ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:    BOARD DATE:  30 March 2021 DOCKET NUMBER:  AR20210005153 


APPLICANT REQUESTS:  in effect, correction to his DD Form 214 (Certificate of  
Release or Discharge from Active Duty) to show 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)

.DD Form 214

.Leave and Earnings Statement (LES)



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code (USC), section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states the pay grade shows E-3 and should be corrected to reflect E-4to show the true and correct record on file.

3.The applicant enlisted in the Army National Guard on 10 March 1999 for a period of8 years. He entered active service on 9 April 1999 and was released from active dutytraining on 30 July 1999.

4.The applicant entered a second period of active service on 20 March 2002. He wasreleased from active duty on 26 July 2002. His DD Form 214 shows his rank as PrivateFirst Class (PFC) and pay grade as E-3. His effective date of pay grade shows
15 June 2002.

5.A DA Form 4187 (Personnel Action) shows the applicant was advanced to SPC/E-4with a date of rank as 15 December 2002. His DA Form 2-1 (Personnel QualificationRecord) also shows he was appointed to SPC effective 15 December 2002.

6.The applicant was discharged from the Army National Guard of Wyoming on
9 March 2005. His NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) shows his rank as SPC and pay grade as E-4.   


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 DD Form 214 reflects the circumstances that existed at the time the form was created.  Evidence of record shows the applicant was promoted to E4 after the period covered by the form.  The Board determined there was no error with this case. 
BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XXX :XXX :XXX 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. 

X CHAIRPERSON

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 militaryrecords must be filed within 3 years after discovery of the alleged error or injustice.  Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so.

2.Army Regulation (AR) 635-5 (Personnel Separation – Separation Documents)prescribes the separation documents that must be prepared for soldiers on retirement,discharge, release from active duty service, or control of the Active Army. It establishesstandardized policy for preparing and distributing the DD Form 214 (Certificate ofRelease or Discharge from Active Duty).  Paragraph 2-4 states for item 4 (Grade, Rateor Rank), enter active duty grade or rank and pay grade at time of separation fromERB/ORB.
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