IN THE CASE OF:
BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100024165
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 rank/pay grade as staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5.
2. He states he was promoted to the rank of SSG on 29 March 2005 and his DD Form 214 does not reflect his correct rank.
3. He provided his:
* discharge orders
* honorable discharge certificate
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. Having prior service in the U.S. Army Reserve (USAR) and the Regular Army, he was transferred to the USAR on 4 January 1998.
3. His military personnel record shows that he was promoted to the rank of SGT in the USAR on 17 July 1998 by 89th Regional Support Command Orders 198-7.
4. On 12 September 1998, he was ordered to active duty in the Active Guard Reserve (AGR) Program for a period of 3 years.
5. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record Part II) does not show he was promoted to the rank of SSG.
6. His DD Form 214 shows he was honorably discharged on 12 September 2001 after the completion of required active service. This form contains the following entries:
* item 4a (Grade, rate, or Rank) SGT
* item 4b (Pay Grade) E-5
7. He provided Headquarters, 89th Regional Readiness Command,
Orders 05-088-00025, issued on 29 March 2005. These orders show he was honorably discharged from the USAR on 29 April 2005 in the rank of SSG.
8. He also provided a copy of his Honorable Discharge Certificate which shows he was honorably discharged from the USAR on 29 April 2005 in the rank of SSG.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows he was honorably discharged on 12 September 2001 in the rank of SGT/E-5 upon completion of required active service. He has not provided sufficient evidence to show he was promoted to SSG prior to his 12 September 2001 release from active duty.
2. The fact that he was promoted to the rank of SSG prior to his discharge from the USAR does not constitute an error on his DD Form 214. Army Regulation 635-5 clearly states the DD Form 214 is a clear-cut record of active duty service at the time of release. At the time of his release from active duty he was serving in the rank of SGT/E-5 and his DD Form 214 correctly reflects this rank.
3. In the absence of evidence to the contrary, there appears to be no error or injustice. In view of the foregoing, he is not entitled to the requested relief.
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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100024165
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100024165
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