IN THE CASE OF: BOARD DATE: 19 May 2023 DOCKET NUMBER: AR20220011365 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 10 August 1984, to show – . he completed the Primary Leadership Course (PLC) . he was awarded the Army Good Conduct Medal . his rank as corporal (CPL) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: . DD Form 149 (Application for Correction of Military Record) . PLC Diploma, 12 August 1983 . 118th Ordnance Detachment, Section Chief letter, 20 December 1983 . DD Form 214 ending on 10 August 1984 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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, he is asking for a rank change from specialist four (SP4) to CPL. He completed PLC, and he was also awarded the Army Good Conduct Medal. He requests to add both to his DD Form 214. He completed PLC at Fort Bliss, TX, and had seen that SP4 would be changed to CPL if they had completed the course. There was a change in policy in July of 2021. 3. The applicant's record contained evidence that is sufficient to substantiate correction of his DD Form 214 to show he completed PLC and was awarded the Army Good Conduct Medal. The corrections do not require action by the Board and will not be addressed within the Record of Proceedings for Board action. The Board will consider the applicant's request to correct his DD Form 214 to change his rank from SP4 to CPL. 4. A review of the applicant's military record shows the following: a. On 11 August 1981, he enlisted in the Regular Army. b. DA Form 2-1 (Personnel Qualification Record – Part II) shows the highest rank he held was SP4. Item 6 (Military Occupational Specialties (MOS)) shows his MOS was 27G (Chaparral/Redeye Repairer). c. Orders Number 62-136 issued by Headquarters, U.S. Army Air Defense Center and Fort Bliss promoted the applicant to SP4, effective on with a date of rank of 1 April 1983. d. Orders Number 111-8 issued by Headquarters, U.S. Army Air Defense Center and Fort Bliss reassigned the applicant to the separation transfer point with a report date of 10 August 1984. His rank is shown as SP4. e. On 10 August 1984, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). DD Form 214 shows he completed 3-years net active service this period. Item 4a (Grade, Rate or Rank) shows SP4. f. The applicant's record did contain orders nor evidence showing he was laterally appointed to CPL. 5. The applicant provides: a. PLC Diploma dated 12 August 1983, which shows he completed the course. b. 118th Ordnance Detachment, Section Chief letter, dated 20 December 1983, which shows the applicant was strongly recommended for promotion to specialist five (E-5). He demonstrated his abilities up and beyond the call of duty. His technical knowledge and experience had impressed his superiors by his undying devotion to compete the mission. BOARD DISCUSSION: 1. 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 Board agreed a letter showing he was strongly recommended for promotion does not indicate the applicant was promoted. The Board noted the applicant did not provide nor did his service record contain orders showing the applicant was promoted to CPL. For that reason, the Board recommended that denying the requested relief was appropriate. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction be completed to more accurately depict the military service of the applicant. 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: Except for the correction addressed in Administrative Note(s) below, the Board found 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. ADMINISTRATIVE NOTE(S): 1. Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 for the period ending 10 August 1984, by adding in item: a. 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) Army Good Conduct Medal. b. 14 (Military Education) Primary Leadership Course, 4 weeks – 1983. 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. . DD Form 214 . Primary Leadership Course Diploma, 12 August 1983 . DA Form 1059 (Service School Academic Evaluation Report), 15 September 1983 . Permanent Orders 148-47, 8 August 1984 3. Please correct the applicant's DD Form 214 by amending it as shown in paragraph a and b above. Provide the applicant a copy of the corrections. Please ensure that the corrections are recorded in the applicant’s official military personnel record. 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) 15–185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. In pertinent part, it states that 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. The ABCMR will decide cases based on the evidence of record. The ABCMR is not an investigative agency. 3. AR 600-200 (Enlisted Personnel Management System), in effect at the time, prescribes policies and procedures for promotions and reductions in grade. Paragraph 2-41 states, lateral appointments will be announced in orders. Paragraph 2-44 (Lateral appointment from Specialist Four/Five to Corporal/Sergeant) states, the Soldier who is appointed from Specialist Four or Specialist Five to Corporal or Sergeant will retain the rank to which laterally appointed. 4. AR 600-8-19 (Enlisted Promotions and Reductions), dated 16 May 2019, prescribes the enlisted promotions and reductions function of the military personnel system. In pertinent part, paragraph 7–11 (Lateral appointments) states, the Adjutant General may retain or specify which authorities listed in paragraph 7–3 will laterally appoint Soldiers. All lateral appointments may be issued on a DA Form 4187 or order format 304. A specialist (SPC) will be appointed to CPL when the Soldier is assigned and works in an SGT position. The position must be the Soldier's primary MOS or career progression MOS. This includes SPC who cannot otherwise be promoted when they do not meet the time-in-service requirement or were not considered for promotion. 5. Army Directive 2021-17 (Lateral Appointment to Corporal and Eligibility for Basic Leaders Course), dated 21 May 2021, announces a change in policy in eligibility for lateral appointment to CPL and Basic Leaders Course (BLC) attendance for enlisted Soldiers. The provisions of this directive apply to the Regular Army (RA) and U.S. Army Reserve (USAR). This directive establishes that the CPL rank will be worn only by Soldiers who are recommended for promotion by a unit board and who have graduated from the BLC. The CPL rank will visually signal that the Soldiers who wear it have transitioned from the junior enlisted ranks to become members of a professional NCO corps, the backbone of our Army. This effort reinforces "This Is My Squad" throughout our NCO corps and forms a key component to a comprehensive junior leader development program. The directive further states, in pertinent part: a. Not later than 30 June 2021 for RA and USAR Active Guard Reserve (AGR) and 30 September 2021 for USAR (less AGR), all SPCs who are recommended for promotion by a unit promotion board and have graduated from the BLC will be laterally appointed to the rank of CPL. b. Effective 1 July 2021 for RA and USAR AGR and 1 October 2021 for USAR (less AGR), the CPL rank will be worn only by Soldiers who are both recommended for promotion by a unit promotion board and graduates of the BLC, regardless of the grade of position to which they are assigned. 6. AR 635-5 (Separation Documents) in effect at the time prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214. The specific instructions for completing item 4a (Grade, Rate or Rank) state to enter active duty grade of rank and pay grade at time of separation. //NOTHING FOLLOWS//