IN THE CASE OF:
BOARD DATE: 28 August 2008
DOCKET NUMBER: AR20080008324
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 records to show his date of rank (DOR) to master sergeant (MSG)/E-8 as 1 October 1999 instead of 1 June 2000.
2. The applicant states, in effect, that the incorrect entry was due to an administrative oversight.
3. The applicant provides the following additional documentary evidence in support of his application:
a. DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 28 February 2003.
b. U.S. Total Army Personnel Command, Alexandria, Virginia, Orders Number 257-4, dated 14 September 1999, promotion to MSG/E-8.
c. Headquarters, III Corps and Fort Hood, Fort Hood, Texas, Orders 304-0251, dated 31 October 2002, Retirement Orders.
d. DA Form 4187 (Personnel Action), dated 25 September 2002, Request for Name Change.
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's records show he initially enlisted in the Regular Army on 7 August 1981 and held military occupational specialty (MOS) 92Y (Supply Specialist). He subsequently executed a series of extensions and/or reenlistments in the Regular Army and was placed on the Retired List effective 1 March 2003 in the rank/grade grade of 1SG [first sergeant]/E-8.
3. Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) of the applicant's DD Form 214 show the entries MSG and E-8 respectively. Item 12h (Effective Date of Pay Grade) shows the entry "2000 06 01."
4. U.S. Total Army Personnel Command (now known as the U.S. Army Human Resources Command or HRC), Alexandria, Virginia, Orders Number 257-4, dated 14 September 1999, show the applicant was promoted to MSG/E-8 with an effective date and DOR of 1 October 1999.
5. Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows his highest grade as that of MSG with an effective date of rank of 1 October 1999.
6. Part Id (Date of Rank) of the applicant's last 4 Noncommissioned Officer (NCO) Evaluation Reports show his DOR as 1 October 1999.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The active duty grade or rank and pay grade at the time of separation is entered in Item 4 and the effective date of promotion to the current pay grade (from the most recent promotion or reduction order) is entered in Item 12h.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was promoted to MSG/E-8 on 1 October 1999 and served in that grade until he retired on 1 March 2003. There is no indication in his records that he was reduced to sergeant first class (SFC)/E-7 and then selected again for promotion to MSG/E-8 on 1 June 2000. It appears that the 1 June 2000 DOR was incorrectly entered due to an administrative oversight. Therefore, the applicant is entitled to correction of his records to show the effective date for promotion to MSG/E-8 as 1 October 1999.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ 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 deleting the entry "2000 06 01" from Item 12h of the applicant's DD Form 214, dated 28 February 2003, and replacing it with the entry "1999 10 01."
XXX
______________________
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) AR20080008324
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080008324
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080001833
Item 18 (Appointments and Reductions) of the applicants DA Form 2-1 (Personnel Qualification Record), dated 3 March 1999 (prepared), shows the applicants grade as SP4 and her date of rank as 22 February 1999 (the date she reenlisted). It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. XXX _ _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete...
ARMY | BCMR | CY2008 | 20080005268
The evidence of record shows that the applicant was promoted to SGT/E-5 with 2 May 1987 as her DOR and 1 June 1987 as her effective date of promotion. Therefore, the applicant is entitled to correction of her records to show the effective date of promotion to SGT/E-5 as 1 June 1987. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "82 06 01" from Item 12h of the applicant's DD Form 214, dated 24 July...
ARMY | BCMR | CY2006 | 20060004456C070205
Roland Venable | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as sergeant (SGT), E-5 with a date of rank (DOR) of 9 January 2004. His DD Form 214 for the period ending 3 February 2005 does not show the Army Good Conduct Medal as an authorized award.
ARMY | BCMR | CY2002 | 2002072422C070403
Her current DD Form 214 shows her effective date of pay grade as 15 November 1999, the date she was laterally appointed to corporal (CPL/E-4), which was the same pay grade that was awarded on 1 April 1998. Item 12h of the applicant’s DD Form 214 shows her DOR as “1999 11 15.” The evidence of record shows that the applicant was promoted to SPC/E-4 with a DOR and effective date of 1 April 1998, and was laterally appointed to CPL with a DOR and effective date of 15 November 1999.
ARMY | BCMR | CY2006 | 20060009113
x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be amended to show her correct rank in item 4a (Grade, Rate or Rank). Headquarters, 81st Regional Support Command, Birmingham, Alabama Orders 03-132-00015, dated 12 May 2003, promoted the applicant from SGT to SSG with an effective date and date of rank (DOR) of 9 May 2003.
ARMY | BCMR | CY2014 | 20140002295
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 30 September 2003 to show his rank/grade as sergeant major (SGM)/E-9. The applicant states his DD Form 214 shows an incorrect rank and grade. He served on active duty while in the U.S. Army Reserve and/or ARNG from September 1983 to December 1990, December 1990 to May 1991, and May 1991 to May 1998.
ARMY | BCMR | CY2009 | 20090021224
The applicant requests: a. retroactive promotion to chief warrant officer four (CW4) on 6 November 2007; b. amendment of active duty orders for the period 6 November 2007 to 11 March 2008 to recover retroactive pay and allowances; and c. correction of item 12c (Net Active Service This Period), item 12d (Total Prior Active Service), and item 12e (Total Prior Inactive Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending dated 11 March 2008,...
ARMY | BCMR | CY2014 | 20140021501
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as master sergeant (MSG), his pay grade as E-8, and his date of rank (DOR) as 11 March 1985. Title 10, U.S. Code, section 3961, provides the legal authority for the retired grade of Army personnel on the Retired List. The applicant contends that his DD Form 214 should be corrected to show he retired from active duty in the grade of E-8 because he was...
ARMY | BCMR | CY2009 | 20090013534
Item 12 shows the record of service. The applicant contends that his DD Form 214 should be corrected to show his correct rank/grade, prior active service, and enlisted MOS. The evidence of record shows that the applicant was promoted to 1LT/O-2 on 1 December 2003 and held this rank/grade at the time of his discharge on 1 February 2004.
ARMY | BCMR | CY2002 | 2002070358C070402
The applicant states, in effect, that the date currently entered in Item 12h (Effective Date of Pay Grade) of his DD Form 214 is incorrect, and should be corrected to read 1 July 1997. Promotion Order Number 162-7, dated 11 June 1997, issued by the Total Army Personnel Command (PERSCOM), confirms that the applicant was promoted to the rank and pay grade of MSG/E-8 with an effective date of 1 July 1997, and that this is the highest rank and pay grade he attained while serving on active duty....