IN THE CASE OF:  

		BOARD DATE:  27 October 2021

		DOCKET NUMBER:  AR20210008206


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) issued on 18 August 2000 to reflect his rank/grade as 
specialist (SPC)/E-4 instead of private first class (PFC)/E-3.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Army Achievement Medal Certificate, dated 3 September 1999
*	DD Form 214, dated 18 August 2000
*	Certificate of Training for Wheeled Vehicle Accident Avoidance Training

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 the incorrect rank of PFC is listed on his DD Form 214, and is 
requesting the correct rank of SPC be listed. He contests he only recently learned that 
the document could be corrected.

3.  A review of the applicant's military service record shows the following: 

   a.  On 26 July 1997, the applicant enlisted in the Regular Army in the rank/grade of 
private/E-1.
   
   b.  DA Form 2-1 (Personnel Qualification Record – Part II), prepared on 22 August 
1997, reflects in: 
   
*	Item 18 (Appointments and Reductions), "PFC  19 July 1998"
*	Item 35 (Record of Assignments), "18 August 2000 Discharge – Honorable – 
Fort Lewis, WA"
   
   c.  On 11 April 2000, Headquarters, I Corps and Fort Lewis, WA, issued Orders 
Number 102-0037 reassigning the applicant to the U.S. Army transition point pending 
discharge. His rank is shown as SPC on these orders. 
   
   d.  On 18 August 2000, the applicant was honorably discharged from active duty in 
the rank/grade of PFC. 
   
4.  The applicant's service record is void of, nor did the applicant provide, a DA 
Form 4187 (Personnel Action) which promoted the applicant to the rank of SPC or 
shows a date of rank. There is no evidence the applicant was reduced in rank. 

5. The applicant provides the following: 

   a.  Certificate for the Army Achievement Medal, which he was awarded for 
exceptionally meritorious achievement while deployed to Yakima Training Center for the 
period of service from 11 July 1999 to 3 September 1999. His rank is shown as SPC.   

   b.  Certificate of Training, given to the applicant at 5th Battalion, 98th Training 
Division, Fort Dix, NJ, on 14 June 2005 for completion of the Wheeled Vehicle Accident 
Avoidance Training. The rank shown on the certificate at the time is SPC. 


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was warranted.  The Board carefully considered the applicant’s request, supporting 
documents, evidence in the records and regulatory guidance.  The Board considered 
the applicant’s statement and his military record of service.  The Board determined 
there was sufficient evidence in the applicant’s military record to support correction of 
his rank.  Therefore, the Board granted full relief.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

XXX	XX	XXX	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief. As a result, the Board recommends that all Department of 
Army records of the individual concerned be corrected by amending his DD Form 214 
as follows:  correct items 4a (Grade, Rate or Rank) and 4b (Pay Grade) to show his 
rank/grade as specialist (SPC)/E-4.


		  
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) 600-8-19 (Enlisted Promotions and Reductions), in effect at 
the time Chapter 2 governs the decentralized promotion system for promotions to SPC 
and below. Promotion to PFC and SPC is not automatic and requires the unit 
commander’s recommendation. For promotion to SPC, there is a 26-month Time in 
Service (TIS) (eight months TIS may be waived) and a six-month Time in Grade 
(TIMIG) (three months TIMIG may be waived) requirement. 

3.  AR 635-5 (Separation Documents), in effect at the time, prescribed the separation 
documents prepared for Soldiers upon release from active military service and 
established standardized policy for preparation of the DD Form 214. It stated the DD 
Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It 
provides a brief, clear-cut record of active Army service at the time of release from 
active duty, retirement, or discharge. The instructions stated for item 4a and b, the 
preparer should enter the separating Soldier's active duty grade or rank and pay grade 
at time of separation.

4.  AR 15-185 (ABCMR) states the ABCMR will decide cases on the evidence of record. 
It is not an investigative body. 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)	 AR20210008206


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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