BOARD DATE: 27 February 2014
DOCKET NUMBER: AR20130012044
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank as first sergeant.
2. The applicant states she retired as a first sergeant.
3. The applicant provides copies of
* DD Form 214
* Orders 344-1309, Fort Jackson, SC, dated 10 December 2003
* Orders 343-1302, Fort Jackson, SC, dated 8 December 2004
* Memorandum, Fort Jackson, SC, dated 12 January 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. On 21 November 1984, the applicant enlisted in the Regular Army. She progressed through the ranks and was promoted to master sergeant, pay grade E-8 effective 1 January 2001.
3. A review of the applicants records reveals that she was assigned for duty as a first sergeant from on or about February 2001 to February 2002. She was awarded skill qualification identifier (SQI) "M" for First Sergeant.
4. The applicant's last DA Form 2166-8 (Noncommissioned (NCO) Officer Evaluation Report) ending in May 2004, rated her for duty as the NCO in charge of the S3 (Operations Office). Her rank on this report shows her as a master sergeant.
5. Orders 344-1309, as provided by the applicant and filed in her Army Military Human Resource Record (AMHRR), show she was released from active duty on 30 November 2004 as a master sergeant, pay grade E-8. On the day following she was placed on the retired list in the same rank.
6. Orders 343-1302, published on 8 December 2004, amended the applicant's retired rank to read first sergeant.
7. In a memorandum, dated 12 January 2005, the Chief, Personnel Operations Work Center, located at Fort Jackson, SC, requested a correction to the applicant's DD Form 214 to show her rank at the time of her separation as first sergeant. There is no evidence showing that this request was ever processed, or that a DD Form 215 (Correction to DD Form 214) was ever issued.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states to enter in Item 4 (GRADE, RATE or RANK.) the Soldier's active duty grade or rank and pay grade at time of separation. The source document for this data is the Soldier's Enlisted Record Brief.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that the applicant was serving in the rank of master sergeant on the last day of her active duty service. Accordingly, this rank is correctly shown on her DD Form 214.
2. The available evidence clearly shows that her retired rank was properly established as first sergeant based on her prior service and SQI "M."
3. The memorandum dated 12 January 2005 requesting to change the applicant's DD Form 214 to show her rank as first sergeant was incorrect. There is no evidence showing that this request was processed, nor should it have been.
4. There is no evidence showing that what was done in the applicant's case was in error or unjust.
5. In view of the above, the applicant's request should be denied.
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) AR20130012044
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ABCMR Record of Proceedings (cont) AR20130012044
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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