IN THE CASE OF:	  

		BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090009644 


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 the discharge orders and corresponding DD Form 256A (Honorable Discharge Certificate) for his 4 September 1996 discharge from the United States Army Reserve (USAR) to show his rank/grade as staff sergeant (SSG)/E-6 instead of private (PV1)/pay grade E-1.

2.  The applicant states that he was honorably discharged from the Active Reserve Component after being transferred to the Individual Ready Reserve when his request to do so was approved.  The applicant also states that upon discharge, his rank changed from SSG to PV1.  He contends that he had neither missed any drills nor had any disciplinary actions taken against him.  The applicant states that his discharge certificate was mailed to him without any orders.  He continues that he is a graduate of the Advanced Noncommissioned Officer Course (ANCOC) and all of the prerequisite Noncommissioned Officer Education System (NCOES) courses and has served as a platoon sergeant.  He states that he also holds bachelor's and juris doctor degrees.  The applicant contends that he believes this critical error was a misprint which was posted without cause.  The applicant concludes that he desires to submit an application for a direct commission in the USAR and wants to have this error resolved so that it has no negative effect on his status.

3.  The applicant provides copies of a DD Form 214 (Certificate of Release or Discharge from Active Duty), two promotion orders, two DD Forms 256A, four ANCOC course completion documents, and orders for the Meritorious Service Medal as documentary evidence in support of this 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 applicant’s 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 applicant’s 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 record shows that he enlisted in the USAR Delayed Entry Program on 28 October 1985.  He enlisted in the Regular Army on 29 July 1986. 
The applicant completed basic combat and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 11B (Infantryman).  The applicant was promoted to the rank of sergeant (SGT)/pay grade E-5 effective 1 August 1989 and that was the highest rank he attained while serving on active duty.  On 28 July 1990, the applicant was released from active duty with an honorable characterization of service and transferred to the USAR Control Group (Reinforcement) to complete the remainder of his Reserve obligation.

3.  The applicant's record contains (and he also provides) Headquarters, Fort Devens, Fort Devens, Massachusetts, Orders 138-54, dated 24 July 1989, which show he was promoted from the rank of corporal (CPL)/pay grade E-4 to SGT with an effective date and date of rank of 1 August 1989.  These orders also increased the skill level of the applicant's MOS from level 1 to level 2.

4.  The applicant's record contains (and he also provides) Headquarters, U.S. Army Troop Support Command, St. Louis, Missouri, Permanent 
Orders 15-4, dated 31 May 1990, which show he was awarded the Meritorious Service Medal for meritorious service during the period of February 1988 through July 1990.

5.  The applicant's record contains (and he also provides) Headquarters, 157th Separate Infantry Brigade (Mechanized), Order 87-11, dated 2 October 1991, which shows he was promoted from the rank of SGT to SSG with an effective date and date of rank of 3 October 1991.  These orders also increased the skill level of the applicant's MOS from level 2 to level 3.

6.  The applicant provides two DA Forms 1059 (Service School Academic Evaluation Report), a DA Form 87 (Certificate of Training), and a diploma which all show he successfully completed ANCOC.  The applicant's rank/grade appears as SSG/pay grade E-6 on each of these documents.

7.  The applicant's record contains a DA Form 2-1 (Personnel Qualification Record – Part II) which corroborates his promotion to SSG, his completion of three NCOES courses, and that he performed skill level 3 duties in MOS 11B.

8.  The applicant provides Headquarters, USAR Command, Atlanta, Georgia, Orders 94-099-036, dated 25 February 1994, which discharged the applicant from the USAR effective 25 February 1994.  These orders also directed the issuance of an Honorable Discharge Certificate to the applicant.  The applicant also provides a copy of the DD Form 256A that he was provided to commemorate this event.  The applicant's rank appears as SSG on each of these documents.

9.  The applicant's record contains a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) which shows he again enlisted in the USAR for a period of 1 year commencing on 5 September 1995 in pay 
grade E-6.

10.  The applicant's record contains USAR Personnel Center, St. Louis, Missouri, Orders D-09-675240, dated 3 September 1996.  These orders discharged the applicant from the USAR effective 4 September 1996.  These orders also directed the issuance of an Honorable Discharge Certificate to the applicant.  The applicant's rank appears as PV1 on these orders, but his MOS is shown as 11B skill level 3 (the appropriate skill level for a SSG).  The applicant also provides a copy of the DD Form 256A that he was provided to commemorate this event.  The applicant's rank appears as PV1 on this certificate.

11.  The applicant's record contains a DD Form 1966 (Record of Military Processing - Armed Forces of the United States) that shows he was allowed to enlist in the USAR on 23 July 2009 in the rank/grade of SSG/E-6 following the approval of a request for an exception to policy.  This approval was based upon the fact that a verification of the applicant's prior service by officials located at U.S. Army Human Resources Command, St. Louis, Missouri, determined that there was no paperwork in his official military personnel file (OMPF) to support the reduction of his rank to PV1.

12.  The applicant's record contains a DD Form 4 which shows he enlisted in the USAR for a period of 1 year commencing on 23 July 2009 in pay grade E-6.

13.  The applicant is currently a member of the USAR and holds the rank of SSG based upon his prior service.

14.  Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation), in pertinent part, describes the direct relationship between grade and skill level.  The Soldier's skill level is awarded based solely on pay grade unless the Soldier is scheduled for or is attending MOS qualification training.  The sole criterion for each of the skill levels is the Soldier's pay grade.  For instance, privates through specialists (E-1 - E-4) hold skill level 1, sergeants (E-5) hold skill level 2, staff sergeants (E-6) hold skill level 3, sergeants first class (E-7) hold skill level 4, and master sergeants (E-8) and above hold skill level 5.  When a Soldier is promoted or reduced, his or her skill level is changed accordingly.  The skill level for secondary MOS and additional MOS are the same as the primary MOS.

15.  Army Regulation 600-8-105 (Military Orders) prescribes the policies and mandated operating tasks for the orders program of the Military Personnel System.  This regulation establishes standardized policy for the preparation of discharge orders.  In pertinent part, it states the separating Soldier's standard name line information should be entered at the top of the discharge orders.  Paragraph 2-5 of the regulation states that the standard name line for a Soldier consists of the name, social security number, current grade of rank, unit of assignment (including the unit identification code), and station of assignment.

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  In pertinent part, it establishes standardized policy for preparing and distributing the DD Form 256A. 
This regulation provides that these discharge certificates will be issued appropriately to all Soldiers receiving an honorable or general discharge.  In the space under "this is to certify that," the person preparing the certificate should enter the name, typed-in capital letters in signature order, followed by the grade and career branch (officer) or component (enlisted) of the separating Soldier.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his discharge orders and corresponding DD Form 256A for his 4 September 1996 discharge from the USAR should be corrected to show his rank/grade as SSG/pay grade E-6 instead of PV1/pay grade E-1 were carefully considered and determined to have merit.


2.  The evidence shows official orders promoted the applicant to SSG/pay grade E6 and modified his MOS skill level by awarding him MOS 11B3.

3.  A thorough review of the applicant's OMPF failed to reveal any derogatory information or documentation to support the reduction of his rank to PV1.  The preponderance of evidence shows the applicant's rank/grade at the time of his discharge was SSG/pay grade E-6.

4.  The fact that the applicant's rank appears as PV1, but his MOS is shown as 11B skill level 3 on his discharge orders, dated 3 September 1996, indicates an administrative error was made when preparing the orders.  If the individual who prepared the applicant's DD Form 256A utilized the discharge orders as the source document for information, it is easy to see how the error was repeated on the discharge certificate.

5.  In view of the foregoing, the applicant is entitled to correction of his discharge orders, dated 3 September 1996, and the associated DD Form 256A to show his rank as SSG instead of PV1.

BOARD VOTE:

____x____  ____x____  ___x_____  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:

	a.  correcting the applicant's discharge orders, dated 3 September 1996 to properly show his rank as SSG; and


	b.  issuing the applicant a DD Form 256A that shows his rank as SSG.



      ___________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)                                         AR20090009644



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ABCMR Record of Proceedings (cont)                                         AR20090009644



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