IN THE CASE OF:
BOARD DATE: 7 August 2008
DOCKET NUMBER: AR20080008692
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 reconsideration of the Army Board for Correction of Military Records (ABCMR) denial of his request to change his DD Form 214 to show his rank as sergeant and his pay grade as E-5.
2. The applicant states, in effect, he strongly disagrees with the previous ABCMR decision to deny the correction of his DD Form 214.
3. The applicant provides a copy of his DD Form 2A (United States Army (Active) Identification Card) and his DD Form 256A (Honorable Discharge Certificate) in support of his application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070014307, on 21 February 2008.
2. In the original findings, the ABCMR determined there were no official orders or other official documentation show the applicant was promoted to the rank of sergeant.
3. The DD Form 2A and the DD Form 256A submitted by the applicant are new evidence which require that his case be reconsidered by the ABCMR.
4. The applicant was inducted on 15 September 1966 for a period of 2 years.
5. The DD Form 2A submitted by the applicant was issued on 6 June 1968, shows his grade as "SGT E5," and has an expiration date of 14 December 1968.
6. The DD Form 256A, dated 14 September 1972, submitted by the applicant identifies him as a sergeant.
7. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, provided that, "Promotion of enlisted personnel to grade E-3 through E-9, appointments, grade reductions, and grade restorations will be announced in routine orders."
8. Army Regulation 635-5 (Separation Documents), in effect at the time, provided that the date of rank was to be entered in Item 6 (Date of Rank) for the grade shown in Item 5a (Grade, Rate or Rank) of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was promoted to sergeant and his DD Form 214 should be corrected to show he was a sergeant at the time of his release from active duty.
2. The DD Form 2A and DD Form 256A submitted by the applicant do not show an effective date the applicant was promoted to sergeant. It is also noted that the expiration date on the DD Form 2A exceeds the applicant's expiration of service (ETS) by 3 months.
3. In order to make a correction to the applicant's grade at the time of separation the effective date of promotion must also be corrected. There are no orders or official documentation in the record to show the effective date of promotion contended by the applicant. Therefore, there is insufficient evidence to provide relief in this case.
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 to amend the decision of the ABCMR set forth in Docket Number AR20070014307, dated 21 February 2008.
_______ _ _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) AR20080008692
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ABCMR Record of Proceedings (cont) AR20080008692
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