BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130013028
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 items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 27 May 2005, to show his rank and pay grade as sergeant (SGT)/E5 instead of specialist (SPC)/E4.
2. The applicant states his DD Form 214 lists his last rank as E4; however, he was retired in the rank of E5. He has the orders promoting him to E5. He would like to have an accurate DD Form 214.
3. The applicant provides copies of his Orders Number 157-0004, 2005 DD Form 214, and Orders Number D-087-25.
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. The applicant enlisted in the U.S. Army Reserve (USAR) on 26 July 2002. He was promoted to SPC on 4 December 2003.
3. He was ordered to active duty in support of Operation Iraqi Freedom and entered active duty on 7 December 2003. He served in Iraq from 22 February 2003 through 15 July 2003, a period of 4 months and 23 days.
4. Orders Number 138-0001, issued by U.S. Army Garrison, Fort Belvoir, VA, dated 18 May 2005, retired him in the rank of SPC/E4.
5. His record contains and he provided a copy of Orders Number 157-0004, issued by the U.S. Army Garrison, Fort Belvoir, dated 6 June 2005, amending Orders Number 138-0001 to show his permanent retired rank as SGT/E5 with an effective date of 27 May 2005.
6. He was discharged from active duty on 27 May 2005, by reason of temporary disability and was placed on the Temporary Disability Retired List (TDRL). His DD Form 214 lists in:
* Item 4a- SPC
* Item 4b - E4
* Item 12h (Effective Date of Pay Grade) - 4 December 2003
7. He also provided a copy of Orders Number D-087-25, issued by the U.S. Army Physical Disability Agency, dated 27 March 2008, removing him from the TDRL and permanently retiring him in the rank of SGT.
8. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation states items 4a and 4b will list the active duty grade or rank and pay grade at time of separation. Item 12h will list the effective date for the grade shown in items 4a and 4b.
DISCUSSION AND CONCLUSIONS:
The applicant was retired by reason of physical disability and placed on the TDRL on 27 May 2005. Items 4a and 4b of his DD Form 214 list his rank as SPC/E4. On 6 June 2005, orders were issued amending his retired rank to SGT with an effective date of 27 May 2005. On 27 March 2008, he was removed from the TDRL and permanently retired in the grade of SGT. Therefore, items 4a, 4b, and 12h of his 2005 DD Form 214 should be corrected to show his rank and grade as SGT/E5 and effective date of 27 May 2005.
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 amending the applicant's DD Form 214 ending on 27 May 2005 to show in items:
* 4a - SGT
* 4b - E5
* 12h - 27 May 2005
_______ _ 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) AR20130013028
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130013028
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2003 | 2003085437C070212
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’s military records show that on 9 October 2001, she was ordered to active duty in support of Operation Enduring Freedom. The DD Form 214 issued to and signed by the applicant on the date of her REFRAD contains the entry “SPC” in Item 4a (Grade, Rate, Or Rank) and the entry “E4” in Item 4b (Pay...
ARMY | BCMR | CY2005 | 20050017163C070206
Item 4a (Grade, Rate, or Rank) on his DD Form 214 shows his rank as “SPC” and item 4b (Pay Grade) shows his pay grade as “E4.” His date of rank is shown as 19 January 1993. There is no evidence of record which shows he was reduced to SPC, E-4 prior to his release from active duty on 29 March 2005. However, his DD Form 214 for the period ending 29 March 2005 shows he was released from active duty in the rank of SPC, E-4 with a date of rank of 19 January 1993.
ARMY | BCMR | CY2009 | 20090007356
BOARD DATE: 9 September 2009 DOCKET NUMBER: AR20090007356 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he held the rank and grade of sergeant/E5 (SGT) and that he earned the Army Commendation Medal with 1st Oak Leaf Cluster (ARCOM with OLC). The evidence of record confirms that the applicant was promoted to rank of SGT on 1 April 2009, and that this is the...
ARMY | BCMR | CY2005 | 20050017585C070206
In pertinent part, the instructions for completing Item 4 state to enter the active duty grade or rank and pay grade at the time of separation. The evidence of records shows that the applicant was promoted to the grade of rank of SGT/E-5, effective and with a date of rank of 1 December 2004. The evidence of record shows that the applicant was promoted to the grade of rank of SGT/E-5, effective and with a date of rank of 1 December 2004.
ARMY | BCMR | CY2008 | 20080002798
IN THE CASE OF: BOARD DATE: 15 May 2008 DOCKET NUMBER: AR20080002798 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Headquarters, 1st Infantry Division and Fort Riley Orders 228-0002, dated 16 August 2007, show the applicant was placed on the retired list on 1 September 2007. Land Component, Joint Headquarters Kansas Orders 311-728, dated 7 November 2007, show that the applicant was promoted to the rank and grade of SGT/E-5 effective 30 August 2007.
ARMY | BCMR | CY2009 | 20090007644
Records available to the Board indicate the applicant enlisted in the Army National Guard on 16 April 2003. On 25 April 2008 Headquarters, U.S. Army Garrison, Orders 116-0909 were issued at Fort Gordon, Georgia, retiring the applicant from active duty by reason of physical disability with a retirement date of 30 May 2008 and placement on the TDRL effective 31 May 2008 in the grade of SPC [specialist]. On 30 May 2008 the applicant was retired.
ARMY | BCMR | CY2010 | 20100028858
The applicant requests correction of his record to show he was retired in the rank/grade of sergeant (SGT)/E-5. He also provides: * a Certificate of Retirement showing his rank as SPC * a memorandum, dated 2 September 2009, and Retiree Account Statement, dated 29 September 2009, from DFAS showing his rank as SGT * a Chronological Record of Medical Care, dated 17 June 2010, showing his DOB as 8 March 1984 and his rank as SGT 13. He states his DOB is 8 March 1984; however, his record shows...
ARMY | BCMR | CY2008 | 20080009869
IN THE CASE OF: BOARD DATE: 11 September 2008 DOCKET NUMBER: AR20080009869 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). The applicant requests that items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 May 2007 be corrected to show sergeant (SGT)/ E-5 instead of specialist (SPC)/E-4.
ARMY | BCMR | CY2011 | 20110006597
Soldiers being medically separated from the military are promoted on their last day in the military. Chapter 2 contains guidance on the preparation of the DD Form 214 and states that items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders). Title 10, U.S. Code, section 1212 states upon separation from his armed force under section 1203 or 1206 of this title, a member is entitled to...
ARMY | BCMR | CY2013 | 20130008727
The applicant requests correction of his record to show he was promoted to the rank/grade of sergeant (SGT)/E-5 prior to placement on the Temporary Disability Retired List (TDRL). The applicant provides: * DA Form 2339 (Application for Voluntary Retirement) * Enlisted Record Brief (ERB) * a memorandum, subject: Grade Determination Request (applicant's name), dated 5 November 2012 * 2 pages of a Recommended List for Promotion of Enlisted Personnel, as of 5 October 2012 * DD Form 214WS...