IN THE CASE OF: BOARD DATE: 22 August 2022 DOCKET NUMBER: AR20220001127 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his highest grade held of sergeant (SGT)/E-5. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). 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 effect, he requests the correction of his service record to show he was promoted to the rank/grade of SGT/E-5. His captain promoted him to SGT/E5, but never submitted the paperwork. 3. A review of the applicant's service record shows: a. On 9 June 1971, the applicant was inducted into the Army of the United States in the rank of private (PVT)/E-1. b. DA Form 20 (Enlisted Qualification Record) shows in item 33 (Appointments and Reductions) the applicant was promoted in the rank of PVT/E-1, effective 9 June 1971. c. On 14 October 1971, the applicant was reported as a deserter in the rank of PVT/E-1 as of 30 August 1971 and he was dropped from rolls, effective 28 September 1971. d. On 21 April 1972, Special Orders Number 112, issued by the U.S. Army Training Center, Infantry and Fort Ord, CA, the applicant was returned to military control from absent without leave status, effective 19 April 1972. e. On 3 May 1972, the applicant's immediate commander initiated discharge proceedings for unsuitability for inaptitude under the provisions of Army Regulation (AR) 635-212 (Discharge Unfitness and Unsuitability). f. On 5 May 1972, the applicant was notified he was being considered for elimination from the service for unsuitability and he acknowledged his right to: * Present his case before a board of officers * Submit statements in his own behalf * Be represented by counsel * Waive his rights in writing g. On 10 May 1972, the separation authority approved the applicant being discharged under the provisions of AR 635-212, paragraph 6b (1) (unsuitability) with the issuance of a General Discharge Certificate. h. The applicant was discharge from active duty on 17 May 1972 with a general under honorable conditions discharge. DD Form 214 shows the applicant completed 3- months and 16-days of active service. It also shows the applicant had 233 lost days during the period of 30 August 1971 through 18 April 1972. His rank/grade at the time of discharge was PVT/E-1 with the date of rank of 9 June 1971. 4. On 23 June 2022, in the processing of this case, the U.S. Army Human Resources Command provided an advisory opinion regarding the applicant's request to correct his rank on his DD Form 214. The advisory official stated the applicant's DD Form 214 is correct based on the documents provided. 5. On 24 June 2022, the Army Review Boards Agency, Case Management Division provided the applicant the advisory opinion for review and comment. He did not respond. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. Based upon the short term of honorable service completed and the regulatory guidance on time required to obtain promotion ranks, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s rank reflected on his DD Form 214. 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. AR 600-200 (Enlisted Personnel Management System) in effect at the time, prescribe policies, responsibilities, and procedures pertaining to career management of Army enlisted personnel. a. Paragraph 7-3 (Authority to promote), subparagraph b, pay grades E-5 and E-6, field grade commanders of any organization which is authorized a commander in the grade of lieutenant colonel or higher may promote assigned personnel to pay grades E-5 and E-6. b. Paragraph 7-4 (Orders), promotion of enlisted personnel to grade E-3 through E-9, appointments, grade reductions, and grade restorations will be announced in routine orders. c. Paragraph 7-15 (Eligibility and selection criteria) subparagraph a, (Time in grade and time in service), time in grade of E4 for promotion to E5 is 8-months and time in service is 36-months for the primary zone and 24-months in the secondary zone. 3. AR 635-5 (Separation Documents), prescribes the separation documents that will be furnished each individual who is separated from the Army. a. Item 5a (Grade, Rate or Rank) enter grade in which serving at the time of separation, indicating whether permanent or temporary. b. Item 5b (Pay Grade) enter pay grade at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220001127 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1