IN THE CASE OF:
BOARD DATE: 17 MARCH 2009
DOCKET NUMBER: AR20080019745
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 items 4a (Grade, Rate or Rank) and 4b (Pay Grade) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 July 1991 be corrected.
2. The applicant states that he was promoted to staff sergeant after his discharge.
3. The applicant provides a promotion letter, dated 1 July 1993, and a copy of his DD Form 214 for the period ending 9 July 1991 in support of his application.
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. Having prior service in the U.S. Army Reserve, the applicant was ordered to active duty on 21 November 1990 in support of Operation Desert Shield/Desert Storm. He served in Southwest Asia from 2 February 1991 to 9 June 1991 and was released from active duty on 9 July 1991.
3. Item 4a on the applicants DD Form 214 for the period ending 9 July 1991 shows the entry, SGT [sergeant]. Item 4b on his DD Form 214 shows the entry, E-5.
4. Item 18 (Appointments and Reductions) on the applicants DA Form 2-1 (Personnel Qualification Record) shows he was promoted to sergeant on
29 October 1984 and promoted to staff sergeant on 1 July 1993.
5. In support of his claim, the applicant provided a promotion letter, dated 1 July 1993, which shows he was promoted to staff sergeant effective 1 July 1993.
6. 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 that 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 DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. Since the applicant was promoted to staff sergeant after his release from active duty on 9 July 1991, there is no basis for amending items 4a and 4b on his DD Form 214 for the period ending 9 July 1991.
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.
_______ _ 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) AR20080019745
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ABCMR Record of Proceedings (cont) AR20080019745
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