IN THE CASE OF:
BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130018332
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 as sergeant (SGT) and his pay grade as E-5.
2. The applicant states he has an order that shows he was promoted.
3. The applicant provides his DD Form 214 and Orders 105-58, issued by Headquarters, 101st Airborne Division (Air Assault)and Fort Campbell, Fort Campbell, KY dated 3 June 1987.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 23 August 1983, the applicant enlisted in the Regular Army. He completed his initial entry training and he was awarded military occupational specialty 19D (Cavalry Scout).
3. On 1 January 1985, he was promoted to the rank/grade of Specialist Four (SP4)/E-4.
4. Orders 75-24, issued by Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY dated 21 April 1987, reassigned him to the U.S. Army Separation Transfer Point, Fort Campbell, KY, effective 22 June 1987. These orders show his rank as "SP4."
5. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he was promoted to the SGT/E-5, effective 1 June 1987.
6. Orders 105-58, issued by Headquarters, 101st Airborne Division (Air Assault) Fort Campbell, KY dated on 3 June 1987, amended Orders 75-24 by changing the applicant's rank, as shown in the standard name line, from "SP4" to "SGT."
7. On 22 June 1987, he was honorably released from active duty and transferred to the U.S. Army Reserve.
* item 4a (Grade, Rate or Rank) of his DD Form 214 shows his rank as "SP4"
* item 4b (Pay Grade) of his DD Form 214 show his pay grade as "E-4"
* item 12h (Effective Date of Pay Grade) of his DD Form 214 shows his effective date of pay grade as "850101"
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was promoted to the rank/grade of SGT/E-5, effective 1 June 1987. The evidence further shows he was released from active duty on 22 June 1987, only 22 days after his effective date of promotion.
2. It is apparent his DD Form 214 does not reflect the rank he held at the time of his separation nor does it show the correct pay grade or effective date of pay. Therefore, it would be appropriate to correct his DD Form 214 to correct these errors.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 the current entry in item 4a of his DD Form 214 and replacing it with "SGT"
* deleting the current entry in item 4b of his DD Form 214 and replacing it with "E-5"
* deleting the current entry in item 12h of his DD Form 214 and replacing it with "870601"
______________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) AR20100015543
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130018332
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110002860
The applicant contends that his DD Form 214 should be corrected to show he was promoted to LTC/O-5 and retired from active duty in that grade because orders were issued promoting him to LTC while he was on transition leave and prior to his separation date. Records show that USAHRC issued orders promoting the applicant to LTC/O-5 effective 1 December 2009. The evidence of record shows that in order to retire in the rank/grade of LTC/O-5, an officer must satisfactorily serve in the new...
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 | CY2012 | 20120000151
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 the time of separation and are obtained from the Soldier's records (promotion or reduction orders). There is no evidence of record that shows he was again promoted to SP4/E-4 prior to his release from active duty. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2008 | 20080018223
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as specialist (SPC), pay grade as E-4, and date of rank (DOR) as 7 September 2004. The applicant provides, in support of his application, copies of his DD Form 214, separation orders with amendment, and a memorandum from the Chief, Transition Center, Fort Campbell, Kentucky, requesting a correction of the applicant's DD Form 214. There is no evidence showing that his...
ARMY | BCMR | CY2013 | 20130012299
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) award of the Bronze Star Medal and Purple Heart * Item 18 (Remarks) readjustment pay instead of disability severance pay 2. This order also shows the applicant was authorized full separation pay. The applicant also provides a copy of Permanent Orders Number 337-4, dated 3...
ARMY | BCMR | CY2008 | 20080005268
The evidence of record shows that the applicant was promoted to SGT/E-5 with 2 May 1987 as her DOR and 1 June 1987 as her effective date of promotion. Therefore, the applicant is entitled to correction of her records to show the effective date of promotion to SGT/E-5 as 1 June 1987. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "82 06 01" from Item 12h of the applicant's DD Form 214, dated 24 July...
ARMY | BCMR | CY2012 | 20120009881
The applicant requests correction of his DD Form 214 (Certificate of release or Discharge from Active Duty) to show he was released from active duty (REFRAD) in the rank/grade of sergeant (SGT)/E-5 and awarded the Army Commendation Medal (ARCOM). The applicant provides: * Orders 64-10, issued by the 546th Personnel Service Company, Fort Hood, TX, dated 1 April 1988 * Permanent Orders 58-13, issued by the same headquarters, dated 28 March 1988 CONSIDERATION OF EVIDENCE: 1. ...
ARMY | BCMR | CY2014 | 20140005348
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Air Assault Badge * Army Achievement Medal (AAM) (2nd Award) * he was honorably discharged * he was promoted to specialist four (SP4)/pay grade E-4 * he served in the Delaware National Guard 2. As such, there is no basis for correcting the applicant's DD Form 214 to show his DEARNG service or his honorable discharge from the USAR. Absent orders which awarded him this medal...
ARMY | BCMR | CY2007 | 20070013458C080407
Jeffrey C. Redmann | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, that his record be corrected to show he was promoted to sergeant/E-5 (SGT/E-5) prior to his release from active duty. The applicant's record shows that he enlisted in the Regular Army and entered active duty on 29 June 1995.
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.