IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130020731
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) for the period ending 31 January 1995 to show his rank as staff sergeant (SSG)/pay grade E-6.
2. The applicant states his DD Form 214 in question should show his rank as SSG.
3. The applicant provides no additional documentary evidence.
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 11 January 1977, with prior service, the applicant enlisted in the Regular Army. He continued to serve through reenlistments.
3. His record contains a DA Form 2-1 (Personnel Qualification Record) which shows in item 18 (Appointments and Reductions) he was promoted to SSG effective 11 July 1983.
4. On 4 January 1985, he received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice for operating a passenger car while drunk. The punishment imposed included a reduction in rank to Sergeant (SGT)/E-5. His appeal of the punishment was denied.
5. His DA Form 2-1 shows he was reduced to SGT with a date of rank of 4 January 1985.
6. His DD Form 214 shows that on 31 January 1995 he was retired from active duty for sufficient service for retirement. This form shows in item 4a (Grade, Rate or Rank) and item 4b (Pay Grade), respectively, "SGT" and "E5." It shows his effective date of pay grade as 4 January 1985.
7. His records do not contain any evidence he was ever promoted back to the rank of SSG after his reduction to SGT on 4 January 1985.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214. It stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It stated to enter the active duty rank and pay grade at the time of separation in item 4.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request.
2. His record shows he was reduced from the rank of SSG to SGT effective 4 January 1985. There is no evidence he was ever promoted back to the rank of SSG. Regulatory policy prescribes that an individual's active duty rank and pay grade at the time of separation be entered on the DD Form 214. There is no evidence of error in the rank shown on his DD Form 214. Therefore, there is no basis for changing his rank on his DD Form 214 to show the rank of SSG/E-6.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20130020731
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