IN THE CASE OF:
BOARD DATE: 22 July 2008
DOCKET NUMBER: AR20080007705
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, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 September 2004 be corrected to show her rank and grade as Staff Sergeant (SSG), E-6, with an effective date of pay grade of 19 May 2004.
2. The applicant states that her Reserve unit failed to forward a copy of her promotion orders to either her mobilized unit or to her before she demobilized.
3. The applicant provides her DD Form 214 for the period ending 27 September 2004 and her SSG promotion orders.
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. After having had prior service, the applicant enlisted in the U. S. Army Reserve on 26 May 1999.
3. The applicant was ordered to active duty effective 16 August 2002 in support of Operation Noble Eagle.
4. Headquarters, 81st Regional Readiness Group, Orders 04-245-00011, dated
1 September 2004, promoted the applicant to SSG, E-6, with a date of rank and effective date of promotion of 19 May 2004. These orders are filed in her electronic personnel files.
5. The applicant was released from active duty on 27 September 2004. Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade of her DD Form 214 for the period ending 27 September 2004 shows her rank and grade as Sergeant, E-5. Item 12h (Effective Date of Pay Grade) shows an effective date of pay grade of 26 May 1999.
DISCUSSION AND CONCLUSIONS:
The applicant was promoted to SSG, E-6, shortly before she was released from active duty; however, her DD Form 214 for the period ending 27 September 2004 still reflected her grade as Sergeant, E-5. This DD Form 214 should be corrected to reflect her rank and grade as SSG, E-6.
BOARD VOTE:
___xx___ ____xx__ ___xx___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 items 4a and 4b of her DD Form 214 for the period ending
27 September 2004 to show her rank and grade as Staff Sergeant, E-6, and amending item 12h of this DD Form 214 to show her effective date of pay grade as 19 May 2004.
________xxxx___________
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) AR20080007705
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ABCMR Record of Proceedings (cont) AR20080007705
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