IN THE CASE OF:  

		BOARD DATE:  11 June 2021

		DOCKET NUMBER:  AR20210006509


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 27 September 1984 to reflect his 
rank/grade as sergeant/E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record under the Provisions 
of Title 10, U.S. Code, Section 1552)
*	DD Form 214 (2 copies)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, 
U.S. 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 he passed the promotion board and was promoted to SGT by 
Battery B, 3d Battalion, 16th Field Artillery Regiment, Baumholder, Germany. He has no 
evidence of the promotion other than a farewell plaque given to him by Soldiers in his 
unit during his separation processing.

3.  Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification 
Record – Part II) shows he was advanced to the rank/grade of specialist four/E-4 
effective 1 April 1983. His promotion to the rank of sergeant/E-5 effective 19 August 
1984 is lined through. His records contain no promotion documents for Board review.

4.  On 27 September 1984, he was honorably released from active duty by reason of 
completion of term of service. He completed 2 years, 11 months, and 29 days of active 
service during this period. His DD Form 214 shows in:

*	item 4a (Grade, Rate, Rank) – specialist four
*	item 4b (Pay Grade) – E-4
*	item 7 (Last Duty Assignment and Major Command) – Battery B, 3d Battalion, 
16th Field Artillery Regiment, U.S. Army Europe, E-5
*	item 12h (Effective Date of Pay Grade) – 1 April 1983


BOARD DISCUSSION:

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

2.  The Board found no evidence in the applicant's service record confirming his claim 
that he was promoted to sergeant/E-5.  Based on a preponderance of evidence, the 
Board determined the rank and grade recorded on his DD Form 214 are not in error.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XX	:XX	:XX	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, U.S. 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 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.

3.  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. It established 
standardized policy for preparing and distributing the DD Form 214 (Certificate of 
Release or Discharge from Active Duty).

	a.  The general instructions stated to ensure that all information entered on the 
DD Form 214 is accurate. Personnel officers will use the following source documents 
when preparing DD Forms 214 and other separation documents:

*	DA Form 201 (Military Personnel Records Jacket)
*	DA Forms 2 and 2-1 (Personnel Qualification Records)
*	separation orders
*	DD Forms 4 (Enlistment/Reenlistment Documents)
*	DA Form 3716 (Personnel Financial Record)
*	enlistment records and DD Forms 214 for prior service personnel
*	any other available records

	b.  The specific instructions for item 4a and item 4b stated to enter the active duty 
grade of rank and pay grade at the time of separation.

	c.  The specific instructions for item 7 stated to enter last unit of assignment, major 
command, and the corresponding two-character assignment code.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20210006509


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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