IN THE CASE OF:
BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130016939
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, the spouse of a deceased former service member (FSM), requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he held the rank of sergeant first class (SFC)/pay grade E-7 vice staff sergeant (SSG)/pay grade E-6.
2. The applicant states the FSM told her he was promoted to SFC/E-7) when he was recalled to active duty; however, she does not have the promotion orders.
3. The applicant provides copies of the FSM's death certificate, United States Uniformed Services Identification (ID) Card, and DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The FSM had prior honorable active duty enlisted service in the Regular Army from 31 January 1956 through 4 February 1959. He transferred to the U.S. Army Reserve (USAR) on 5 February 1959.
2. After a break in military service, from 31 October 1962 through 1 July 1974, he enlisted in the USAR on 2 July 1974. He was promoted to SSG/E-6) on
20 April 1976.
3. He was ordered to active duty in support of Operation Desert Shield/Storm on 3 January 1991.
4. Headquarters, 77th USAR Command (USARC), Fort Totten, Flushing, NY, Orders 13-6, dated 7 February 1991, promoted the FSM to SFC (E-7) effective and with a date of rank of 7 February 1991.
5. 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. He had completed 5 months and 8 days of net active service this period. It also shows in:
* item 4a (Grade, Rate or Rank): SSG
* item 4b (Pay Grade): E-6
* item 12, block h (Effective Date of Pay Grade): "76 04 20" (i.e., 20 April 1976)
6. Headquarters, 77th USARC, Fort Totten, Flushing, NY Orders 172-28, dated 21 June 1995, released the FSM from assignment and transferred him to the USAR Control Group (Retired Reserve), in the rank of SFC (E-7), effective
11 June 1995.
7. A DD Form 1300 (Report of Casualty) shows the FSM died on 24 October 2012. It also shows he held the rank/grade of "SFC/E-7."
8. In support of the application the applicant provides a copy of the FSM's ID card that shows his rank/ grade as "SFC/E7."
9. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents. It also establishes standardized policy for preparing and distributing the DD Form 214. It states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date.
a. Table 2-1 (DD Form 214 Preparation Instructions) contains guidance on the preparation of the DD Form 214.
b. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Personnel Qualification Record, and orders. 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.
DISCUSSION AND CONCLUSIONS:
Records show the FSM was ordered to active duty on 3 January 1991, promoted to SFC/E-7 effective 7 February 1991, and REFRAD on 10 June 1991. However, his DD Form 214 does not show the correct rank, pay grade, or effective date of pay grade that he held at the time he was REFRAD on 10 June 1991. Therefore, it would be appropriate to correct the FSM's DD Form 214.
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 deleting from his 10 June 1991 DD Form 214 the current entry in:
* item 4a and replacing it with the entry "SFC"
* item 4b and replacing it with the entry adding "E-7"
* item 12h and replacing it with the entry "91 02 07"
__________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) AR20130016939
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ABCMR Record of Proceedings (cont) AR20130016939
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