IN THE CASE OF: BOARD DATE: 5 December 2022 DOCKET NUMBER: AR20220005607 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge) to reflect the rank/grade of sergeant (SGT)/E-5 rather than specialist four (SP4)/E-4. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum – Subject: Enlisted Standing Promotion List E-6 and E-5, 22 July 1969 * Certificate of Training * DD Form 1351-2 (Travel Voucher or Subvoucher) * DA Form 2349 (Military Pay Voucher) 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 in pertinent part that his most recently issued DD Form 214 incorrectly reflects his rank at time of separation as SP4/E-4 rather than SGT/E-5. 3. A review of the applicant's available service records reflects the following: a. On 29 August 1967, the applicant enlisted in the Regular Army for 3 years to serve as a 72C (Telephone Switchboard Operator). b. On 25 November 1968, 580th Signal Command issued Unit Order Number 91 announcing the applicant's promotion to the temporary grade of SP4. c. On 30 July 1969, Headquarters, 44th Signal Battalion issued Special Orders Number 187 announcing the applicant's promotion to the temporary grade of SGT. d. On 21 August 1970, 5th Infantry Division (Mechanized) and Fort Carson issued Special Orders Number 233 relieving the applicant from active duty, effective 28 August 1970. The applicant’s rank was listed as SGT. e. He was honorably release from active duty on 28 August 1970. His DD Form 214 shows he completed 3 years of active service. The DD Form 214 also lists in item 5a (Grade, Rate or Rank) and 5b. (Pay Grade) reflects "SP4 and E-4." f. On 18 July 1973, Letter Orders Number 07-1183269 issued by the U.S. Army Reserve Components Personnel and Administration Center, discharged the applicant from the U.S. Army Reserve due to reaching his expiration term of service date. These orders show the applicant's rank as SGT/E-5. 4. The applicant provides the following a: a. Memorandum – Subject: Enlisted Standing Promotion List E-6 and E-5, dated 22 July 1969, reflective of the applicant being selected by the selection board for promotion to SGT. Personnel will be promoted in sequence as vacancies occur. b. Certificate of Training reflective of the applicant's completion of the Radio Teletype Operator Course on 1 May 1970. The applicant's rank is reflected as SGT. c. DD Form 1351-2 reflective of the applicant's travel from 1 – 29 October 1969. The applicant's pay grade is shown as E-5. d. DA Form 2349 reflective of the applicant's pay and entitlements for the month of January 1970. The applicant's pay grade is shown as E-5. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, his military record, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board agreed that there was sufficient documentation to show he held the rank of Sergeant (SGT) for the time period required; thereby warranting correction in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 28 August 1970 by showing: * 5a. (Grade, Rate or Rank) – SGT * 5b. (Pay Grade) – E-5 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) provides 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. Items 5a. and 5b. (Grade or Rank and Pay Grade) on the DD Form 214 will contain the active duty grade and pay grade at the time of separation. If the grade at time of separation is not permanent, the permanent grade, date of appointment, and date of rank, if different from date of appointment, will be entered in item 30 (Remarks). 3. AR 600-200 (Enlisted Personnel Management System) provides that promotions to grades E-4 through E-9, and grade restorations will be announced in orders. Temporary appointments of Regular Army enlisted personnel in grade in which serving will automatically become permanent on the earliest of the following dates – SGT/E-5 12 months. Permanent promotions to pay grade E-5 occur automatically without the issuance of orders or entry on morning reports. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005607 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1