BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110014815
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 the rank and pay grade listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show sergeant/E-5 (SGT/E-5) and that he receive back pay accordingly.
2. The applicant states his last captain informed him the grade of E-5 was earned and the forms bear this out.
3. The applicant provides a copy of his discharge order from the United States Army Reserve (USAR), dated 25 November 1983, in support of his application.
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 record shows the applicant enlisted in the Regular Army on 20 June 1978, and was trained in and awarded military occupational specialty (MOS) 05C (Radio/Teletype Operator). His DA Form 2 (Personnel Qualification Record-Part I) and DA Form 2-1 (Personnel Qualification Record-Part II) contain handwritten entries indicating the applicant was promoted to SGT/E-5 on 5 May 1981. The last permanent typewritten entries on these records indicate he was advanced to specialist four/E-4 (SP4/E-4) on 1 April 1980.
3. The applicants Military Personnel Records Jacket (MPRJ) is void of orders promoting the applicant to SGT/E-5. The last document prepared while the applicant was on active duty is a DA Form 1811 (Physical Data and Aptitude Test Scores upon Release from Active Duty), dated 16 June 1981, which lists his grade as SP4.
4. On 16 June 1981, the applicant was honorably released from active duty (REFRAD) after completing 2 years, 11 months, and 27 days of active military service. Item 4a (Grade, Rate or Rank) of the DD Form 214 he was issued at the time lists his rank as SP4 and item 4b (Pay Grade) lists his pay grade as E-4.
5. The MPRJ contains U.S. Reserve Components Personnel and Administration Center Orders C-11-047071, dated 25 November 1983, which list the applicants rank as SGT in the standard name line. This is the same document provided by the applicant.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time of the applicant's separation provided for entering the rank and pay grade held on the date of separation in items 4a and 4b.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his DD Form 214 to show his rank and pay grade as SGT/E-5 and to provide him any back pay and allowances due as a result has been carefully considered. However, there is insufficient evidence to support this claim.
2. The applicants DD Form 214 lists his rank and pay grade as SP4/E-4 in items 4a and 4b. Absent compelling evidence to the contrary, this document carries with it a presumption of regularity. Although there are handwritten entries on the applicants DA Form 2 and DA Form 2-1 that indicate he was promoted to SGT/E-5 on 5 May 1981, the record is void of promotion orders or other documents corroborating these entries, or that verify he was actually promoted by proper authority and that this promotion was authorized and announced in official orders.
3. Further, the USAR discharge orders that list his grade as SGT in the standard name line were published more than two years after his REFRAD and could have been the result of the unverified handwritten entries on the applicants DA Form 2 and DA Form 2-1. Finally, there is no indication that the applicant questioned the rank and pay listed on his DD Form 214 at the time of his REFRAD, or in the more than 30 years that have passed since. As a result, absent orders authorizing and announcing the applicants promotion to SGT/E-5 there is an insufficient evidentiary basis to support granting 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 that 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) AR20110014815
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110014815
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120000757
Application for correction of military records (with supporting documents provided, if any). The regulation in effect at the time of the applicant's separation stated the DA Forms 2 and 2-1 were the primary source records for information for entries on the DD Form 214, along with documents on file in the MPRJ. Although there are some documents in the MPRJ listing his grade as SP4/E-4 dated after 1 April 1985, there are no orders or documents related to a reduction in grade.
ARMY | BCMR | CY2014 | 20140005048
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his military education and that he was promoted to sergeant (SGT)/pay grade E-5. Therefore, his DD Form 214 should be corrected to show this military education. Thus, the evidence of record shows the applicant's DD Form 214 shows his correct rank, grade, and effective date.
ARMY | BCMR | CY2001 | 2001063762C070421
The applicant states, in effect, that while serving in the United States Army Reserve (USAR) he was promoted to the rank and pay grade of sergeant/E-5 (SGT/E-5) and he was awarded the ARCOM that should be added to his DD Form 214. However, during its review of this case, the Board did note that while still serving on active duty, the applicant was awarded the Army Achievement Medal, for meritorious service from 21 May 1986 to 20 March 1987, and that this award was omitted from the list of...
ARMY | BCMR | CY2011 | 20110023248
Application for correction of military records (with supporting documents provided, if any). The evidence of record contains no evidence and the applicant has failed to provide independent evidence that shows he was ever recommended for or promoted to SP4/E-4 by proper authority while serving on active duty. _______ _ _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.
ARMY | BCMR | CY2010 | 20100009268
With the exception of the applicant's DD Form 214, all documents maintained in his military personnel records jacket (MPRJ) issued subsequent to the date of his promotion to the rank of SP4 lists his rank as SP4. The evidence of record confirms the applicant was promoted to the rank and grade of SP4/E-4 on 1 January 1997 and this was the rank he held on his date of separation from active duty as evidenced by the DA Form 4187 and his separation orders. Therefore, items 4a, 4b, and 12h of...
ARMY | BCMR | CY2009 | 20090010202
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that his record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as sergeant (SGT). The available evidence fails to show the applicant was promoted back to either SGT or SSG subsequent to his 10 August 1981 reduction to SP4.
ARMY | BCMR | CY2010 | 20100010570
The applicant's DA Form 2-1 (Personnel Qualification Record), in pertinent part, shows in: a. item 5 (Oversea Service) that he served for 3 months in Korea from 24 July 1978 through 1 November 1978; b. item 6 (Military Occupational Specialties) that he was awarded primary MOS 12B1O on 12 May 1977; c. item 18 (Appointments and Reductions) that he was: * promoted to SP4/E-4 with a date of rank (DOR) of 5 October 1978 * promoted to SGT/E-5 with a DOR of 12 April 1980 * reduced to SP4/E-4 with a...
ARMY | BCMR | CY2014 | 20140005469
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was promoted to sergeant (SGT)/pay grade E-5 and all back pay due as a result of the correction. Items 4a, 4b, and 12h of his 21 February 1986 DD Form 214 show this information as his rank, grade, and the effective date. c. Thus, the evidence of record shows the applicant's DD Form 214 shows his correct rank, grade, and effective date as of the date he was REFRAD.
ARMY | BCMR | CY2014 | 20140014193
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank and pay grade as sergeant (SGT)/E-5. His record does not contain any documentation showing he was recommended for or promoted to SGT during his active duty service. The applicant provides a certificate showing he was promoted to SGT effective 1 September 1989; however, his records do not contain any orders for the promotion.
ARMY | BCMR | CY2013 | 20130008308
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * the Driver and Mechanic Badge with Driver Bar * the Basic Leadership School Ribbon, i.e., the Noncommissioned Officer (NCO) Professional Development Ribbon * the rank/grade of sergeant (SGT)/E-5 2. The applicant provides: * DD Form 214 * DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) * DA Form 2A (Personnel Qualification Record - Part...