IN THE CASE OF:
BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120002623
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his rank and pay grade as sergeant/E-5.
2. The applicant states that he was promoted to the rank of sergeant while serving in the U.S. Army Reserve (USAR) in Colorado and he deserves to have this reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 applicant enlisted in the Regular Army in Denver, Colorado on 8 July 1981 for a period of 4 years, training as a Hawk Fire Control Crewmember, assignment to Europe and a cash enlistment bonus. He completed his one-station unit training at Fort Bliss, Texas and was transferred to Germany on 20 November 1981. He was advanced to the rank and pay grade of specialist/ E-4 on 1 September 1983.
3. He departed Germany on 7 November 1983 and he was transferred to Fort Bragg, North Carolina where he remained until he was honorably released from active duty (REFRAD) in the rank and pay grade of specialist/E-4 on 7 July 1985 due to the expiration of his term of service. He had served 4 years of total active service and he was transferred to a Troop Program Unit in Denver, Colorado.
4. He was promoted to the rank of sergeant on 4 January 1988 and on 22 March 1990 he was transferred to the USAR Control Group (Reinforcement). He was honorably discharged from the USAR in the rank of sergeant on 13 April 1993.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the effective date of the DD Form 214 are not authorized for retroactive entry on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect his rank and pay grade as sergeant/E-5 has been noted and appears to lack merit. The DD Form 214 is prepared to reflect information that is in effect on the date of release or discharge from active duty and his records show that he was serving in the rank and pay grade of specialist/E-4 at that time. Accordingly, there is no error or injustice in his case.
2. Accordingly, there is no basis for granting the applicants request to change his DD Form 214 to show his rank as a sergeant/E-5.
3. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
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) AR20120002623
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ABCMR Record of Proceedings (cont) AR20120002623
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