IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100025401
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, reconsideration of his earlier appeal to change the rank shown on his DD Form 214 (Report of Transfer or Discharge) for the period ending 16 February 1973.
2. The applicant states, "I was promoted to E-5."
3. The applicant provides several service record documents.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090010650, on 5 November 2009.
2. The applicant's record, as summarized in the original record of proceedings, shows he served his initial tour of active duty from 18 February 1971 through
16 February 1973. He was released from active duty (REFRAD) at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. The DD Form 214 he was issued at the time of his REFRAD shows his rank/grade as specialist four (SP4)/E-4 with a date of rank of 17 December 1971.
3. His record contains a DA Form 20 (Enlisted Qualification Record) that shows in item 33 (Appointments and Reductions) the highest rank/grade he held during his period of active service was SP4/E-4 with a date of rank of 17 December 1971, based on Special Orders Number 4, issued by Headquarters, 1st Cavalry Division, dated in 1972.
4. The documents submitted by the applicant for this reconsideration include:
a. a DA Form 2166-6 (Enlisted Evaluation Report) for the period October 1986 through August 1987 shows his rank as "SGT" [sergeant] with a date of rank of "860927" [27 September 1986];
b. Orders 241-001, issued by Headquarters, 122nd U.S. Army Reserve Command, N. Little Rock, AR, dated 5 September 1989, that shows his rank as "SGT" on his standard name line;
c. Annex A to Orders 140-009, issued by the 352nd Army Security Agency Company, Baton Rouge, LA, dated 9 June 1887, that shows his rank as "SGT";
d. a DA Form 3686 (JUMPS-Army, Leave and Earnings Statement (LES)) for the period 1-31 December 1986, that shows his grade as E-5;
e. a military pay voucher for the period 18-24 July 1988 that shows his pay grade as E-5;
f. his DD Form 214 for the period ending 16 February 1973 that shows his rank/grade as SP4/E-4; and
g. an undated USAR Certificate of Appreciation that shows his rank as "SGT."
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It describes the DD Form 214 as a summary of a Soldier's most recent period of continuous active duty service. The purpose of the DD Form 214 is to provide a brief, clear cut summary of active duty service at the time of release from active duty, retirement, or discharge. It states for:
* item 5a (Grade, Rate, or Rank), enter grade in which serving at the time of separation
* item 5b (Pay Grade), enter pay grade
* item 6 (Date of Rank), enter date of rank for the grade shown in item 5a
DISCUSSION AND CONCLUSIONS:
1. The documents submitted by the applicant to substantiate his request to change his rank/grade as shown on his DD Form 214 for the period ending
16 February 1973 are dated between 1986 and 1988. As such, they are irrelevant to the issue under consideration since he was promoted to SGT/E-5 with a date of rank of 27 September 1986, more that 13 years after his REFRAD on 16 February 1973.
2. In view of the foregoing, there is no basis for granting the applicant's 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090010650, dated 5 November 2009.
____________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) AR20100025401
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ABCMR Record of Proceedings (cont) AR20100025401
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