IN THE CASE OF:
BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120006247
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) with a separation date of 14 March 2006 to show his rank and pay grade as sergeant (SGT)/E-5.
2. The applicant states he was promoted to SGT/E-5 on 18 April 2005.
3. The applicant provides his:
* DD Form 214
* orders promoting him to SGT
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. He enlisted in the U.S. Army Reserve (USAR) on 3 July 2001 and entered this period of active duty on 23 October 2004. He was awarded military occupational specialty (MOS) 21E (Heavy Construction Equipment Operator).
3. He provided Headquarters, 81st Regional Readiness Command, Birmingham, AL, Orders 05-132-00094, dated 12 May 2005, promoting him to SGT in MOS 21E effective 18 April 2005.
4. On 14 March 2006, he was released from active duty. His DD Form 214 shows in:
* item 4a (Grade, Rate, or Rank) specialist
* item 4b (Pay Grade) E-4
* item 12h (Effective Date of Pay Grade) 18 April 2005
5. His Enlisted Record Brief (ERB) was not available for review.
6. An email from the Defense Finance and Accounting Service (DFAS), dated 16 October 2012, states he was paid in pay grade E-5 from 18 April 2005 through 31 July 2008.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation states the active duty grade or rank and pay grade at the time of separation, taken from the Soldiers ERB, will be entered in items 4a and 4b of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The promotion orders he provided and the email from DFAS are sufficient evidence to show he was promoted to SGT effective 18 April 2005 and his rank/pay grade was SGT/E-5 at the time of his separation from active duty.
2. Therefore, the following corrections should be made to his DD Form 214:
* item 12a change to read "SGT"
* item 12b change to read "E-5"
3. The entry in item 12h of his DD Form 214 is correct.
BOARD VOTE:
___X____ ____X __ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the following items on his DD Form 214:
* item 12a change to read "SGT"
* item 12b change to read "E-5"
_______ _ 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) AR20120006247
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ABCMR Record of Proceedings (cont) AR20120006247
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