RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 March 2008
DOCKET NUMBER: AR20070018555
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Ms. Shirley L. Powell
Chairperson
Ms. Yolanda Maldonado
Member
Mr. Edward E. Montgomery
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 1987 be corrected to show his rank as First Sergeant (1SG).
2. The applicant states that his request for correction was ignored by the battalion sergeant major.
3. The applicant provides a copy of his military identification card and his certificate of retirement.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 6 June 1966.
3. Effective 1 September 1983, the applicant was promoted to Master Sergeant (MSG), E-8.
4. Orders dated 21 January 1984 laterally appointed the applicant to 1SG, E-8. He performed duties as a 1SG from 26 June 1984 through 30 April 1985.
5. On 1 May 1985, the applicant was assigned to duties as an Operations Sergeant. Orders laterally appointing him to MSG are not available.
6. On 6 November 1986, the applicant completed a DA Form 4187 (Personnel Action) requesting retirement. He listed his rank as MSG on this form.
7. On 9 December 1986, the applicant completed a DA Form 2339 (Application for Voluntary Retirement). He listed his rank as MSG on this form.
8. Orders dated 15 December 1986 released the applicant from active duty effective 28 February 1987 and, on the following date, placed him on the retired list in the rank of 1SG. His rank in the standard name line is listed as MSG.
9. On 28 February 1987, the applicant was released from active duty for the purpose of a length of service retirement. His DD Form 214 for the period ending 28 February 1987 shows his rank as MSG.
10. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant was promoted to MSG effective 1 September 1983. Orders dated 21 January 1984 laterally appointed him to 1SG, and he performed duties as a 1SG from 26 June 1984 through 30 April 1985.
2. On 1 May 1985, the applicant was assigned to duties as an Operations Sergeant. Orders laterally appointing him to MSG are not available; however, orders should have been issued as he was no longer working as a 1SG.
3. On 6 November 1986, the applicant completed a DA Form 4187 requesting retirement, and he listed his rank as MSG on this form. On 9 December 1986, he completed a DA Form 2339, and he listed his rank as MSG on this form.
4. On 28 February 1987, the applicant was released from active duty for the purpose of a length of service retirement. His DD Form 214 for the period ending 28 February 1987 properly shows his rank as MSG. On 28 February 1987, he was still on active duty and the preponderance of the evidence shows he was a MSG at that time. He was not placed on the retired list as a 1SG until the following date, 1 March 1987.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__slp___ __ym____ __eem___ 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.
__Shirley L. Powell___
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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