IN THE CASE OF:
BOARD DATE: 15 March 2011
DOCKET NUMBER: AR20100023206
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his rank as staff sergeant (SSG)/E-6 and his deployments to Iraq, Kuwait, and Saudi Arabia.
2. The applicant states his DD Form 214 incorrectly reflects his rank as sergeant (SGT)/E-5 and it does not reflect his deployments to Iraq, Kuwait, and Saudi Arabia. However, his rank at the time of his discharge was SSG/E-6 and he deployed to Iraq, Kuwait, and Saudi Arabia during two deployments.
3. The applicant provides copies of:
* his DD Form 214
* his Honorable Discharge Certificate showing he was honorably discharged from the U.S. Army Reserve (USAR) in the rank of SSG on 21 June 2005
* a veteran profile data sheet
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 enlisted in the Regular Army on 19 September 1997 for training as a chemical operation specialist. He completed training and was deployed to Saudi Arabia from 29 November 1999 through 20 April 2000 (19991129-20000420). He was promoted to the rank of SGT on 3 March 2002.
3. He deployed to Kuwait and Iraq from 3 April 2003 through 17 December 2003 (20030403-20031217).
4. On 18 April 2004 while stationed at Fort Hood, Texas, he was honorably released from active duty (REFRAD) in the rank of SGT due to completion of required service. He completed 6 years and 7 months of total active service. His DD Form 214 issued at the time of his REFRAD does not reflect any deployments. He was transferred to the USAR to complete his statutory service obligation.
5. A review of the available records fails to show any indication the applicant was promoted to pay grade E-6 prior to his REFRAD.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that information contained on the DD Form 214 will be information that exists at the time of separation. Events/
information that occurs subsequent to the effective date of the DD Form 214 will not be entered on the DD Form 214 retroactively.
7. Army Regulation 635-5 also provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his deployments should be reflected on his DD Form 214 has been noted and is found to have merit. The applicant was deployed to Saudi Arabia from 29 November 1999 through 20 April 2000 (19991129-20000420) and to Kuwait and Iraq from 3 April 2003 through 17 December 2003 (20030403-20031217).
2. Accordingly, his DD Form 214 should be corrected to reflect the entry "SERVICE IN SAUDI ARABIA FROM 19991129-20000420 AND IRAQ/KUWAIT FROM 20030403-20031217" in block 18 (Remarks).
3. The applicant's contention that his DD Form 214 should be corrected to show he was REFRAD in the rank of SSG instead of SGT has been noted; however, he failed to provide and his records do not contain sufficient evidence to show he was promoted to pay grade E-6 prior to his REFRAD on 18 April 2004. Accordingly, there does not appear to be any basis to grant that portion of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry "SERVICE IN SAUDI ARABIA FROM 19991129-20000420 AND IRAQ/KUWAIT FROM 20030403-20031217" to block 18 of his DD Form 214.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his rank shown on his DD Form 214 to reflect SSG instead of SGT.
____________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) AR20100023206
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100023206
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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