IN THE CASE OF:
BOARD DATE: 11 December 2012
DOCKET NUMBER: AR20120009881
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 he was released from active duty (REFRAD) in the rank/grade of sergeant (SGT)/E-5 and awarded the Army Commendation Medal (ARCOM).
2. The applicant states his DD Form 214 does not show he was serving as an SGT/E-5 and that he was awarded the ARCOM.
3. The applicant provides:
* Orders 64-10, issued by the 546th Personnel Service Company, Fort Hood, TX, dated 1 April 1988
* Permanent Orders 58-13, issued by the same headquarters, dated
28 March 1988
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 on 8 May 1984 for a period of 4 years and training as an electronic warfare intercept aerial sensor repairer. He completed his basic training at Fort Leonard Wood, MO and his advanced individual training at Fort Huachuca, AZ. He was transferred to Fort Hood for his first and only duty assignment.
3. He was advanced to the rank/grade of specialist four (SP4)/E-4 on 1 January 1986. On 28 March 1988, Permanent Orders 58-13 awarded him the ARCOM for meritorious service for the period 1 April 1985 to 28 March 1988.
4. Orders 64-10, dated 1 April 1988, promoted the applicant to SGT/E-5 with an effective date of 1 April 1988 and a date of rank of 5 March 1988.
5. On 7 May 1988, the applicant was honorably REFRAD at the expiration of his term of service. He completed 4 years of creditable active service. The
DD Form 214 he was issued at the time shows in:
* item 4a (Grade, Rate, or Rank) and 4b (Pay Grade) the entry "SP4" and E-4," respectively
* item 12h (Effective Date of Pay Grade) the entry "86 01 01"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) no entry for the ARCOM
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It states for:
* item 4a, enter active duty grade of rank at time of separation
* item 4b, enter active duty pay grade at time of separation
* item 12h, enter the effective date of promotion to pay grade
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards)
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant was promoted to SGT/E-5 on 1 April 1988 and that information is not reflected on his DD Form 214. Therefore, his DD Form 214 should be corrected accordingly.
2. Records also show he was awarded the ARCOM for meritorious service from 1 April 1985 to 28 March 1988. Therefore, his DD Form 214 should be corrected to show this award.
BOARD VOTE:
____x___ ____x ___ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
a. deleting from item 4a of his DD Form 2124 the current entry and replacing it with the entry "SGT";
b. deleting from item 4b of his DD Form 214 the current entry and replacing it with the entry "E-5";
c. deleting from item 12h of his DD Form 214 the current entry and replacing it with the entry "88 04 01"; and
d. adding to item 13 of his DD Form 214 the Army Commendation Medal.
___________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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