IN THE CASE OF:  

		BOARD DATE:  29 July 2022

		DOCKET NUMBER:  AR20220000564


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge), ending on 23 November 1971, to show his 
rank/grade as sergeant (SGT)/E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Memorandum – Subject: Enlisted Promotion

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 in pertinent part, he was on a list for promotion to the rank of 
SGT/E-5 and wants his record to reflect that accordingly.

3.  A review of the applicant's available service records reflects the following: 

   a.	On 20 May 1970, the applicant was inducted into the Army of the United States. 

   b.  DA Form 20 (Enlisted Qualification Record) reflects in item 33 (Appointments and 
Reductions) highest grade as Specialist Four (SP4)/E-4, effective 12 December 1970. 

   c.  On 23 November 1971, the applicant was honorably discharged from active duty. 
DD Form 214 shows in items:

   (1)  Item 5a (Grade, Rate or Rank) SP4.

   (2)  Item 5b (Pay Grade) E-4.

d.  The service record is void of orders promoting the applicant to the rank of SGT/E-5.
4.  The applicant provides part of a Memorandum– Subject: Enlisted Promotion which 
provides a list of Soldiers for appointment to the grade of E-5 as of 24 September 1971. 
He is listed as number 16 on the list for promotion.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was not warranted. The applicant’s contentions, his military record, and regulatory 
guidance was carefully considered. Based upon a preponderance of the evidence, the 
Board determined the evidence shows he was promotable as his name was reflected on 
the promotion standing list with promotion points. However, there is no evidence that 
shows he reached a cutoff score and received promotion orders before his separation. 
Therefore, the Board determined there is insufficient evidence to grant relief.

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, 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) 635-5 (Separation Documents) in effect at the time, states that 
the DD Form 214 will reflect the conditions and circumstances that existed at the time 
the records were created. The purpose of the separation document is to provide the 
individual with documentary evidence of his or her military service at the time of release 
from active duty, retirement, or discharge. It is important that information entered on the 
form be complete and accurate and reflects the conditions as they existed at the time of 
separation. Source documents will consist of the DA Form 20. Item 5a; list the current 
rank at the time of separation. Item 5b; list the current pay grade at the time of 
separation. 

3.  Army Regulation 600-200 (Enlisted Personnel Management System) in effect at the 
time, provides the following commanders may promote, subject-to authority and 
responsibility by higher commanders:  Grades: E-5 and E-6, Promotion Authority: Field 
grade commanders of any unit authorized a commander or grade of Lieutenant Colonel 
(O-5) or higher may promote Soldiers assigned to units that are attached/assigned, or 
on temporary duty or attached (for military justice and. -. administration) to their 
command or installation. Promotions to, E-5 through E-9 will be announced in orders.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20220000564


1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1