IN THE CASE OF:
BOARD DATE: 26 October 2010
DOCKET NUMBER: AR20100013173
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his effective date of pay grade to sergeant (SGT)/E-5 as "5" June 1984 instead of 4 June 1989.
2. The applicant states, in effect, his effective date of promotion to SGT/E-5 is incorrectly shown on his DD Form 214.
3. The applicant provides a copy of his DA Form 2A (Personnel Qualification Record - Part I).
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 enlisted in the Regular Army (RA) on 20 August 1980 and held military occupational specialty 63T (Bradley Fighting Vehicle Mechanic).
3. He served through multiple extensions or reenlistments, within and outside the continental United States, including two overseas tours in Germany and a deployment to Southwest Asia. He was advanced to private first class (PFC)/E-3 on 1 August 1981 and specialist four (SP4)/E-4 on 1 February 1983.
4. On 4 June 1984, Headquarters, 4th Infantry Division (Mechanized), Fort Carson, CO, published Orders 123-152 promoting him to SGT/E-5 with an effective date of 4 June 1984 and a date of rank of 6 May 1984.
5. Item 2 (Date of Rank) of Section II (Qualification Data) of his DA Form 2A shows the entry "840605" [5 June 1984] and item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualifications Record - Part II) shows his date of rank as "840506" [6 May 1984].
6. He was honorably discharged on 6 August 1992 under an early transition program. The DD Form 214 he was issued shows he completed 11 years, 11 months, and 17 days of creditable active service. This form also shows:
* Item 4a (Grade, Rate or Rank) shows the entry "SGT"
* Item 4b (Pay Grade) shows the entry "E-5"
* Item 12h (Effective Date of Pay Grade) shows the entry "89 06 04"
[4 June 1989]
7. There is no indication in his records he was reduced from SGT/E-5 to a lower grade from the date he was promoted in 1984 to the date he was discharged in 1992.
8. 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. Items 4a and 4b show the active duty rank and pay grade at the time of the Soldier's separation, from the Soldiers records. Item 12 shows the Record of Service. Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and
so forth are based on this information. Item 12h is obtained from the most recent promotion order (or reduction instrument) and shows the effective date of advancement/promotion to the current pay grade
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant was promoted to SGT/E-5 effective 4 June 1984. It appears his DD Form 214 erroneously listed his effective date as 4 June 1989 instead of 4 June 1984. Therefore, he is entitled to correction of his DD Form 214 to show the effective date of his promotion to SGT as 4 June 1984.
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 deleting from item 12h of his DD Form 214 the entry "89 06 04" and replacing it with the entry "84 06 04."
_______ _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) AR20100013173
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ABCMR Record of Proceedings (cont) AR20100013173
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