BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20130013415
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 his rank/grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4.
2. The applicant states a few months before his discharge he was promoted to SGT/E-5. He has some awards and certificates showing his rank as SGT/E-5.
3. The applicant provides:
* DD Form 214
* Two certificates of achievement
* Certificate for award of the Army Achievement Medal
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's records show he enlisted in the Regular Army on 4 April 1980. He held military occupational specialties 11B (Infantryman) and 11H (Heavy Anti-armor Weapons Crewman).
3. He served in Hawaii from 17 July 1980 to 2 April 1984. He was assigned to the 1st Battalion, 21st Infantry, Schofield Barracks, HI. He was promoted to SP4/E-4 on 30 November 1981.
4. On 7 November 1983, he appeared before the 1st Battalion, 21st Infantry Regiment's semi-centralized SGT/Staff Sergeant promotion board. He was recommended for promotion to SGT on 8 November 1983.
5. On 20 January 1984, Headquarters, 25th Infantry Division, published Orders 20-61 promoting him to SGT/E-5 with an effective date of 1 February 1984 and a date of rank of 1 January 1984.
6. On 10 February 1984, Headquarters, 25th Infantry Division, published Orders 20-24 reassigning him to the U.S. Army separation point for separation out-processing, effective 3 April 1984. The orders listed his rank as SP4.
7. On 10 February 1984, Headquarters, 25th Infantry Division, published Orders 41-5 amending his separation orders (Orders 20-24) to show his rank as SGT.
8. On 3 April 1984, Headquarters, 25th Infantry Division, published Orders 74-1 rescinding his promotion to SGT/E-5. However, the orders granted him defacto status from 1 February to 2 April 1984.
9. He was honorably released from active duty on 3 April 1984. He completed
4 years of active service. His DD Form 214 also shows in:
* Item 4a (Grade, Rate or Rank) - SP4
* Item 4b (Pay Grade) - E-4
* Item 12h (Effective Date of Pay Grade) - 30 November 1981
10. He provides two certificates of achievement, dated 30 December 1983 and 27 March 1984; and a certificate, dated 29 February 1984, showing award of the Army Achievement Medal, all listing his rank as SGT.
DISCUSSION AND CONCLUSIONS:
1. The applicant was issued orders on 20 January 1984 promoting him to SGT with an effective date of 1 February 1984 and a date of rank of 1 January 1984. However, his orders were rescinded on 3 April 1984. He was granted defacto status (i.e., allowed to keep the higher pay) by virtue of having served in the higher grade from 1 February to 2 April 1984. However, on 3 April 1984, the date of his discharge, he held the rank/grade of SP4/E-4.
2. There are many reasons why a promotion order is rescinded, including but not limited to not being in a promotable status, not meeting the service remaining requirements, being suspended from favorable personnel actions, signing a declination of continued service statement, and several other reasons. It is unknown why his promotion was rescinded.
3. The applicant provides insufficient evidence to show he held the rank/grade of SGT on the date of release from active duty. As such, there is insufficient evidence to correct his DD Form 214 as he desires.
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) AR20130013415
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ABCMR Record of Proceedings (cont) AR20130013415
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