IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120007529
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) to show his rank/grade of sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4.
2. The applicant states that prior to leaving the military he was promoted to SGT/E-5.
3. The applicant provides 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. He enlisted in the Regular Army on 29 December 1978.
3. His DA Form 2-1 (Personnel Qualification Record) shows he was promoted to SP4/E-4 on 1 June 1980. His DA Form 2-1 does not show a promotion to SGT/E-5.
4. He was recommended for promotion to SGT/E-5 on 28 May and 8 July 1981.
5. There are no orders in his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), promoting him to SGT/E-5.
6. On 15 December 1981, he was honorably released from active duty at the expiration of his term of service. His DD Form 214 shows he was an SP4/E-4 on the date of his separation. His orders for release from active duty identify him as an SP4/E-4.
7. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, governed the promotion of enlisted personnel. It stated promotions to grades E-4 through E-9 were to be announced in orders.
8. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the active duty grade at the time of separation was to be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
There are no orders promoting him to SGT/E-5 in his AMHRR and he provided none. The highest rank/grade on his DA Form 2-1 shows he was promoted to SP4/E-4. In the absence of promotion orders or any other corroborating evidence to the contrary, it is determined he was an SP4/E-4 at the time of his separation. Therefore, the entry on his DD Form 214 showing his rank as a SP4/E-4 is correct.
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) AR20120007529
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120007529
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | CY2013 | 20130013415
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4. However, on 3 April 1984, the date of his discharge, he held the rank/grade of SP4/E-4. The applicant provides insufficient evidence to show he held the rank/grade of SGT on the date of release from active duty.
ARMY | BCMR | CY2011 | 20110014815
Application for correction of military records (with supporting documents provided, if any). 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. _______ _ x _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for...
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 | CY2011 | 20110024429
His DD Form 214 shows he was honorably released from active duty on 19 March 1985 in the rank/grade of SP4/E-4. Though there are no promotion orders in his records, his record contains Orders D-03-020063 issued by the USAR Personnel Center on 10 March 1987 discharging him from the USAR in the rank/grade of SSG/E-6. There is no evidence in his records and he has not provided any evidence to show he was promoted to SGT or SSG while serving on active duty or that he was an SSG at the time of...
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...
ARMY | BCMR | CY2014 | 20140002836
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * award of the Army Commendation Medal (ARCOM) * his rank as sergeant (SGT) * a secondary military occupational specialty (SMOS) 11B (Infantryman) * completion of the M198 Howitzer Course 2. He provides: a. a USAIS diploma that shows he completed Individual Infantry Training and his 11B PMOS orders; b. a Certificate of Training that shows he completed the M198 Howitzer...
ARMY | BCMR | CY2012 | 20120007914
Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. 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...
ARMY | BCMR | CY2006 | 20060005560C070205
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 October 2006 DOCKET NUMBER: AR20060005560 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests correction his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was promoted to sergeant (SGT), E-5. Headquarters, United States Army School/Training...
ARMY | BCMR | CY2011 | 20110011355
The applicant provides: * Self-authored statement * 20-Year Letter, dated 20 April 2000 * DD Form 214 (Certificate of Release or discharge from Active Duty) for the period ending 13 June 1991 * Undated memorandum, subject: Enrollment in Phase I Course * Active duty order * 3 Certificates (Army Achievement Medal, Outstanding Dedicated Service, Honorable Discharge) * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 1 June 1998 * Released from active duty (REFRAD) order *...