IN THE CASE OF:  BOARD DATE: 22 October 2021 DOCKET NUMBER: AR20210011660 


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 August 1983 to show in: 

•item 3 (Social Security Number) – his social security number (SSN) as shown onhis social security card

•item 4a (Grade, Rate, or Rank) – his rank as specialist four (SP4)

•item 4b (Pay Grade) – his pay grade as E-4



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 149 (Application for Correction of Military Record under the Provisionsof Title 10, U.S. Code, Section 1552)

•DD Form 214

•National Guard Bureau (NGB) Form 22 (Report of Separation and Record ofService)



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 theinterest of justice to excuse the applicant's failure to timely file.

2.The applicant states his SSN and rank shown on his DD Form 214 are wrong. Hewas an SP4 when he was discharged. He provided his NGB Form 22 to corroborate hiscontention.

3.On 16 July 1996, he was issued DD Form 215 (Correction to DD Form 214) thatcorrected his SSN. As a result, this portion of his request will not be discussed further inthis record of proceedings.

4.He was ordered to initial active duty training as a member of the Army NationalGuard (ARNG) on 30 May 1983. On 21 August 1983, he was honorably relieved fromactive duty training. His DD Form 214 shows his rank/grade as private/E-1.
5.Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel QualificationRecord – Part II) shows he was promoted to SP4 in the ARNG effective 1 May 1984.

6.On 29 February 1988, he was honorably discharged from the ARNG. HisNGB Form 22 shows his rank/grade as SP4/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 his DD Form 214.  The Board determined there is no error or injustice in this case. 

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XXX :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. 

P53#yIS1

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 ofmilitary records must be filed within 3 years after discovery of the alleged error orinjustice. This provision of law also allows the ABCMR to excuse an applicant's failure totimely file within the 3-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed theseparation documents that must be prepared for Soldiers upon retirement, discharge, orrelease from active duty service or control of the Active Army. It establishedstandardized policy for preparing and distributing the DD Form 214.

a.The general instructions stated to ensure that all information entered on theDD 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 items 4a and 4b stated to enter the active duty gradeof rank and pay grade at the time of separation. 

//NOTHING FOLLOWS//