IN THE CASE OF:	  

		BOARD DATE:  11 October 2012

		DOCKET NUMBER:  AR20120007529 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade of sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4.

2.  The applicant states that prior to leaving the military he was promoted to SGT/E-5.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  He enlisted in the Regular Army on 29 December 1978.
3.  His DA Form 2-1 (Personnel Qualification Record) shows he was promoted  to SP4/E-4 on 1 June 1980.  His DA Form 2-1 does not show a promotion to SGT/E-5.

4.  He was recommended for promotion to SGT/E-5 on 28 May and 8 July 1981.

5.  There are no orders in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), promoting him to SGT/E-5.

6.  On 15 December 1981, he was honorably released from active duty at the expiration of his term of service.  His DD Form 214 shows he was an SP4/E-4 on the date of his separation.  His orders for release from active duty identify him as an SP4/E-4.

7.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, governed the promotion of enlisted personnel.  It stated promotions to grades E-4 through E-9 were to be announced in orders.

8.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation stated that the active duty grade at the time of separation was to be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

There are no orders promoting him to SGT/E-5 in his AMHRR and he provided none.  The highest rank/grade on his DA Form 2-1 shows he was promoted to SP4/E-4.  In the absence of promotion orders or any other corroborating evidence to the contrary, it is determined he was an SP4/E-4 at the time of his separation.  Therefore, the entry on his DD Form 214 showing his rank as a SP4/E-4 is correct.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________X______________
                 CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20120007529



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ABCMR Record of Proceedings (cont)                                         AR20120007529



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