IN THE CASE OF: BOARD DATE: 14 July 2022 DOCKET NUMBER: AR20210016103 APPLICANT REQUESTS: correction of item 19 (Grade, Rate, or Rank at Time of Entry into Current Active Duty Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 July 1970 to show his rank/grade as specialist five (SP5)/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 * DD Form 256A (Honorable Discharge Certificate), 4 February 1971 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 Record (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 entered active duty in July 1969 in the rank/grade of SP5/E-5 and was discharged in February 1971 in the rank/grade of SP5/E-5. His DD Form 214 list his rank/grade at the time he entered active duty service as private (PVT)/E-1. 3. On 15 May 1969, the applicant enlisted in the U.S. Army Reserve for a period of 6 years under the Delayed Entry Program. Item 3 (Rate/Grade) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows he enlisted in the rank/grade of PVT/E-1. 4. His DA Form 3286-24 (Statements for Enlistment – Part VI – Officer Candidate School Option), 15 May 1969, shows he enlisted for the Officer Candidate School Option. He initialed item g, acknowledging: " IN THE EVENT I SHOULD WITHDRAW FROM THE PROGRAM, FAIL TO QUALIFY FOR A SECURITY CLEARANCE, FAIL TO COMPLETE PRE-OCS [OFFICER CANDIDATE SCHOOL] TRAINING, FAIL TO SUCCESSFULLY COMPLETE OFFICER CANDIDATE SCHOOL, OR FAIL TO PASS THE PHYSICAL FITNESS TEST, I WILL BE REQUIRED TO COMPLETE THE TIME REMAINING ON MY REGULAR ARMY ENLISTMENT PERIOD IN AN ENLISTED STATUS AND SERVE THE REMAINDER OF THE MILITARY OBLIGATION REQUIRED BY LAW." 5. Armed Forces Examining and Entrance Station, Salt Lake City, UT, Special Orders Number 168, 2 September 1969, show: a. Paragraph 1 – TC 411 discharged him from the U.S. Army Reserve (Standby) effective 1 September 1969. b. Paragraph 2 – TC 122 shows he enlisted/reenlisted in the Regular Army on 2 September 1969. His permanent grade is shown as PVT/E-1 effective 2 September 1969 and he was not promoted to a temporary grade. He enlisted for OCS with an active duty commitment of 3 years. c. Paragraph 3 – TC 125 assigned him to Fort Leonard Wood, MO, as an officer candidate applicant under the OCS Option. His permanent grade is shown as PVT/E-1 effective 2 September 1969 and he was not promoted to a temporary grade. 6. On 2 September 1969, he enlisted in the Regular Army for a period of 3 years. Item 3 of his DD Form 4 shows he enlisted in the rank/grade of PVT/E-1. 7. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows: * he was appointed to the permanent rank/grade of PVT/E-1 effective 15 May 1969 * he was appointed to the permanent rank/grade of PVT/E-2 effective 15 September 1969 * he was appointed to the temporary rank/grade of SP5/E-5 effective 2 March 1970 8. On 24 July 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Standby) under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-32b (Unfulfilled or Erroneous Enlistment Commitments). Item 5a (Grade, Rate, or Rank) and item 5b (Pay Grade) of his DD Form 214 show his rank/grade as private first class (PFC)/E-3. Item 6 (Date of Rank) shows the entry 28 May 1970. Item 19 shows his rank/grade as PVT/E-1 at the time of entry into this current period of active duty. 9. On 4 February 1971, he was honorably discharged from the U.S. Army. His Honorable Discharge Certificate shows his rank/grade as SP5/E-5. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found relief is not warranted. 2. The Board found that, while the applicant was appointed to the temporary rank/grade of SP5/E-5 during his period of active duty, the evidence indicates he was not authorized that rank/grade until he entered the training program for which the higher rank/grade was authorized. The evidence indicates he left the training program for which the higher grade was authorized and as a result was reduced to PFC/E-3 effective 28 May 1970. Based on a preponderance of the evidence, the Board determined the entry rank/grade and the final rank/grade shown on the applicant’s DD Form 214 are not in error or unjust. 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, 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 considers individual applications that are properly brought before it. 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. 3. Army Regulation 635-5 (Separation Documents), effective 1 February 1967 and 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. The general instructions stated all available records would be used as a basis for the preparation of DD Form 214, including the DA Form 20 and orders. The specific instructions for item 19 stated to enter the grade in which the individual actually entered the current tour of active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016103 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1