IN THE CASE OF:
BOARD DATE: 24 May 2011
DOCKET NUMBER: AR20110003564
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 30 June 1995 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he retired in the rank of first sergeant (1SG).
2. He states he has enough rated time as a 1SG for this rank to be reflected on his DD Form 214.
3. He provides no additional evidence.
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 records show he enlisted in the Regular Army (RA) on 29 December 1967. He was honorably transferred to the U.S. Army Reserve upon his release from active duty. He completed 1 year, 11 months, and 14 days of active service during this period. On 1 December 1981, he again enlisted the RA and served continuously through a series of reenlistments. He was honorably retired on 30 June 1995.
3. Item 4a (Grade, Rate, or Rank) of his 30 June 1995 DD Form 214 shows his rank as sergeant first class (SFC) and item 4b (Pay Grade) shows his pay grade as E-7.
4. His application for retirement shows E-7 as the highest grade he held and served on active duty. Additionally, his retirement orders show his retired rank as SFC.
5. There is no documentation in the available records which shows he was promoted to pay grade E-8 and/or was serving as a 1SG at the time of his retirement.
6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4 requires the preparer to enter the active duty grade or rank and pay grade at the time of separation in item 4 from the Enlisted Record Brief.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 is correct as prepared in accordance with Army Regulation 635-5 in that he separated from active duty in the rank of SFC. His retirement orders are also correct as prepared in accordance with Army Regulation 635-200 in that he was placed on the Retired List in the rank of SFC.
2. There is no provision to amend his DD Form 214 unless he was promoted to E-8 and actively serving as a 1SG at the time of his separation from active duty. As such, there is no error or injustice.
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.
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