BOARD DATE: 16 May 2013
DOCKET NUMBER: AR20120019440
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, in effect, that his rank/grade on his DD Form 214 (Certificate of Release or Discharge from Active Duty) and retirement grade be changed to master sergeant (MSG)/E-8.
2. He states he did not receive his promotion orders until after he had processed through the transition office. He adds after receiving his promotion orders to MSG on 1 March 2005, he contacted the personnel at the Transition/Retirement Services Office, Fort Bragg, NC, and was told that due to his disability, he could not meet the service remaining requirement and therefore his original retirement orders showing his grade as sergeant first class (SFC)/E-7 would not be changed.
3. He provides his DD Form 214 and Orders Number 41-9, dated 10 February 2005.
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. After having prior service in the U.S. Army Reserve, on 14 August 1992 the applicant enlisted in the Regular Army.
3. U.S. Army Physical Disability Agency Orders D342-02, dated
7 December 2004, show he was honorably retired on 7 March 2005 because of physical disability and placed on the Temporary Disability Retired List. His retirement grade is listed as SFC/E-7.
4. U.S. Army Human Resources Command Orders Number 41-9, dated
10 February 2005, show on 1 March 2005 he was promoted to MSG with an effective date and that a date of rank of 1 March 2005.
5. Item 4a/4b (Grade, Rate, or Rank/Pay Grade) of his DD Form 214 shows SFC/E-7. The effective date of pay grade in item 12h is listed as 1 February 2002.
6. The Total Army Personnel Database - Reserve (TAPDB-R) lists his grade as MSG. His date of rank is listed as 1 March 2005.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation stipulates that the rank and pay grade held on the date of separation will be entered in items 4a and 4b.
DISCUSSION AND CONCLUSIONS:
Promotion orders and the TAPDB-R confirm that the applicant was promoted to MSG/E-8 on 1 March 2005. This is the rank and pay grade he held on the date of his separation and his DD Form 214 and retirement orders should be corrected accordingly.
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. amending Orders D342-02 dated 7 December 2004 to show he was placed on the retired list in the rank/grade of MSG/E-8; and
b. amending DD Form 214 as follows:
* Item 4a - delete the current entry and replace it with "MSG"
* Item 4b - delete the current entry and replace it with "E-8"
* Item 12h - delete the current entry and replace it with "2005 03 01"
_______ _ 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) AR20120019440
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120019440
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110016680
Application for correction of military records (with supporting documents provided, if any). The applicant requests item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the rank and pay grade of staff sergeant/E-6 (SSG/E-6). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: a.
ARMY | BCMR | CY2014 | 20140004208
It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation provides for entry of the rank and pay grade at time of separation and the effective date of pay grade at the time of separation or release from active duty. The applicant's DD Form 214 correctly lists his rank/grade and effective date of pay grade.
ARMY | BCMR | CY2008 | 20080008324
The applicant requests correction of his records to show his date of rank (DOR) to master sergeant (MSG)/E-8 as 1 October 1999 instead of 1 June 2000. The active duty grade or rank and pay grade at the time of separation is entered in Item 4 and the effective date of promotion to the current pay grade (from the most recent promotion or reduction order) is entered in Item 12h. ABCMR Record of Proceedings (cont) AR20080008324 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2012 | 20120010987
The applicant requests item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the rank and pay grade of sergeant (SGT)/E-5. The effective date of pay grade in item 12i is listed as 21 February 2010. This is the rank and pay grade he held on the date of his separation and his DD Form 214 should be corrected accordingly.
ARMY | BCMR | CY2014 | 20140021501
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as master sergeant (MSG), his pay grade as E-8, and his date of rank (DOR) as 11 March 1985. Title 10, U.S. Code, section 3961, provides the legal authority for the retired grade of Army personnel on the Retired List. The applicant contends that his DD Form 214 should be corrected to show he retired from active duty in the grade of E-8 because he was...
ARMY | BCMR | CY2014 | 20140016547
U.S. Army Garrison, Fort Eustis, Military Personnel Division, Fort Eustis issued the following orders: * Orders 149-0011, dated 29 May 2009 - placed him on the Retired List by reason of permanent disability effective 28 July 2009. Therefore, his DD Form 214 should be amended to show he was an SFC, pay grade E-7 with an effective date of grade of 27 July 2009. Showing he was promoted to SFC/pay grade E-7 effective 27 July 2009. b. Amending his DD Form 214 with a separation date of 27 July...
ARMY | BCMR | CY2014 | 20140016558
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 December 2005 to show his rank/grade as sergeant first class (SFC)/E-7. Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service...
ARMY | BCMR | CY2013 | 20130016939
Application for correction of military records (with supporting documents provided, if any). A DD Form 214, as corrected by two DD Forms 215 (Correction to DD Form 214) show the FSM was honorably released from active duty (REFRAD) on 10 June 1991 and transferred to a USAR unit. The instructions show for: (1) items 4a and 4b, enter the rank and pay grade in which serving at the time of separation, and (2) item 12h, enter the effective date of promotion to pay grade.
ARMY | BCMR | CY2013 | 20130006829
The applicant provides: * FY 2013 SFC selection list * DA Form 638 (Recommendation for Award) * Award certificate for the MSM * DD Forms 214 for the periods ending 26 April 2002, 6 February 2003, and 27 March 2013 CONSIDERATION OF EVIDENCE: 1. Permanent Order 18-10, dated 18 January 2013, shows he received the MSM for meritorious service for the period 1 March 2003 to 4 March 2013. The available promotion orders which show he was promoted to SFC effective 27 March 2013 are accepted as...
ARMY | BCMR | CY2013 | 20130019211
The Soldier must be serving in and retiring in the grade of MSG. The applicant held the rank of MSG, not 1SG, on his last day of active duty. His DD Form 214 correctly reflects the rank and grade he held at the time of retirement.