IN THE CASE OF:
BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120012523
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 the DD Form 214 (Certificate of Release or Discharge from Active Duty) of his deceased spouse, a former service member (FSM), be corrected to show her rank as sergeant/E-5.
2. The applicant states that the FSM was released from active duty in the pay grade of E-4 and was promoted to the rank and pay grade of sergeant / E-5 on
5 July 1988 and he would like her DD Form 214 updated so that he can get the correct title on her headstone.
3. The applicant provides copies of the FSMs DD Form 214, death certificate, and her promotion orders.
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted in the Regular Army on 26 September 1984 for a period of 4 years and training as a materiel storage and handling specialist.
2. She completed her training, was advanced to the pay grade of E-4 on 1 January 1986, and served until she was honorably released from active duty in the pay grade of E-4 under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), paragraph 6-3b, due to hardship.
3. She was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) and on 5 July 1988 she was promoted to the rank of sergeant.
4. On 19 August 1991, she was honorably discharged from the USAR upon completion of her statutory service obligation.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the
DD Form 214, a documents issued upon separation or discharge from Active Duty will be prepared to reflect information as it exist at the time of separation or discharge. Retroactive changes to that form that were not in effect at the time of separation are not authorized on that form.
DISCUSSION AND CONCLUSIONS:
1. While it is understood why the applicant desires to have the FSMs DD Form 214 corrected to reflect her rank at the time of her discharge, the DD Form 214 serves as snapshot in time of an individuals service at the time of separation and subsequent changes to that form are not authorized if the change was not in effect at the time the DD Form 214 was issued.
2. Accordingly, there is no error or injustice in this case and there is no basis to grant the applicants request to change the FSMs rank on her DD Form 214.
3. However, the applicant is encouraged to provide a copy of the FSMs promotion and discharge orders from the USAR to the Department of Veterans Affairs.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ___x ____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by his late wife in service to the United States. The applicant and all Americans should be justifiably proud of her service in arms.
_______ _ _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) AR20120012523
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ABCMR Record of Proceedings (cont) AR20120012523
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