IN THE CASE OF: 

		BOARD DATE: 7 February 2023

		DOCKET NUMBER: AR20220003560


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show his rank/grade as specialist five 
(SP5)/E-5 vice private (PV2)/E-2.  

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 
*	DA Form 20 (Enlisted Qualification Record)

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

2.  The applicant states his DD Form 214 does not have the correct rank when he was 
discharged. He was SP5/E5 when discharged. The DD Form 214 shows PV2/E-2He 
has enclosed his Enlisted Qualification Record, which reflects the correct information. 
He wants the records to be accurate, and to reflect correctly on his headstone as he 
plans to be buried in the Sarasota National Cemetery.

3.  Review of the applicant’s service records shows: 

	a.  He enlisted in the U.S. Army Reserve for 6 years on 23 August 1966, in the 
rank/grade of private/E-1.  He was advanced to PV2/E-2 on 23 December 1966.

	b.  He entered active duty for training (ACDUTRA) on 8 February 1967. He 
completed training and was awarded military occupational specialty 71H, Personnel 
Specialist. 

	c.  He was honorably released from ACDUTRA on 10 June 1967, after having 
completed 4 months and 3 days of active service. His DD Form 214 shows in:
*	Blocks 5a (Grade, Rate or Rank) and 5b (Pay Grade) PV2/E-2
*	Block 6 (date of Rank) 8 February 1967

	d.  There is no evidence he was promoted to SP5/E-5 during his active duty for 
training time. 

	e.  Following his release from active duty, the applicant was transferred back to his 
Reserve unit, 463rd Engineer Battalion. While in the Reserve he:

*	was promoted to private first class (PFC)/E-3 on 3 July 1967, by Unit Order 
Number 7, issued by Headquarters and Headquarters Company, 463rd 
Engineer Battalion
*	was promoted to specialist four (SP4)/E-4 on 19 June 1969, by Unit Order 
Number 13, issued by Headquarters and Headquarters Company, 463rd 
Engineer Battalion
*	was promoted to SP5/E-5 on 13 February 1971 by Special Orders Number 4 
issued by Headquarters, 463rd Engineer Battalion

	f.  On 22 August 1972, the U.S. Army Reserve Command, St. Louis published 
orders ordering the applicant's honorable discharge effective 22 August 1972. 

4.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most 
recent period of continuous active duty. It provides a brief, clear-cut record of all current 
active, prior active, and prior inactive duty service at the time of release from active 
duty, retirement, or discharge. The information entered thereon reflects the conditions 
as they existed at the time of separation.

*	Blocks 5a and 5b show the active duty grade or rank and pay grade at 
time of separation 
*	Block 5, shows the date of rank to the current pay grade

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 
Board noted that the applicant completed a period of active duty for training from 8 
February 1967 to 10 June 1967. During his active duty for training time, he held the rank 
of PV2. He was later promoted to SP5/E-5 in the USAR in February 1971, several years 
after his release from active duty. However, his USAR promotion has no impact on his 
previously-issued 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, 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 635-5 (Separation Documents), 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.

	a.  A DD Form 214 is issued for: 

		(1)  Active Army Soldiers on termination of active duty by reason of 
administrative separation (including separation by reason of retirement or expiration of 
term of service), physical disability separation, or punitive discharge under the Uniform 
Code of Military Justice.

		(2)  Reserve Component (RC) Soldiers completing 90 days or more of 
continuous active duty for training (ADT), full-time National Guard duty, active duty for 
special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC 
Soldiers separated for cause or physical disability regardless of the length of time 
served on active duty.

		(3)  ARNG and USAR Soldiers mobilized under Title 10, U.S. Code, 
sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service 
under Title 10, U.S. Code, chapter 15, or section 12406, regardless of length of 
mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization 
station and is found unqualified for active duty will be excluded from this provision.  He 
or she will only receive a DD Form 220 (Active Duty Report); and

		(4)  RC Soldiers completing initial ADT that results in the award of an MOS even 
when the active duty period was less than 90 days.  This includes completion of 
advanced individual training under the ARNG of the U.S. Alternate Training Program or 
USAR Split Training Program.

	b.  The DD Form 214 is a summary of the Soldier's most recent period of continuous 
active duty. It provides a brief, clear-cut record of all current active, prior active, and 
prior inactive duty service at the time of release from active duty, retirement, or 
discharge. The information entered thereon reflects the conditions as they existed at the 
time of separation. 

*	Block 5a, Grade, Rate or Rank, enter active duty grade or rank and pay 
grade at time of separation from Enlisted Record Brief 
*	Block 6, Date of Rank, from the most recent promotion order (or reduction 
instrument), enter the effective date of promotion to the current pay grade

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220003560


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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