IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150003020
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank/grade as sergeant (SGT)/E-5, and to correct the spelling of the name of her nearest relative.
2. The applicant states the rank shown of her DD Form 214 is not correct. She was promoted to SGT prior to her discharge. She also states her mother's first name is spelled incorrectly on her DD Form 214.
3. The applicant provides copies of her January 1997 Leave and Earnings Statement (LES) and a Certificate of Birth Registration from the City of New York.
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 Regular Army on 20 January 1993. She completed training and was awarded military occupational specialty (MOS)
39B (Automatic Test Equipment Operator and Maintainer).
3. Orders 292-27, issued by Alpha Detachment, 546th Personnel Services Battalion, Fort Hood, Texas, dated 18 October 1996, promoted her to SGT effective 1 November 1996 with a date of rank of 1 November 1996.
4. Her DD Form 214 shows she was honorably released from active duty by reason of completion of required active service on 19 January 1997. She completed 4 years of net active service and was transferred to the U.S. Army Reserve Control Group. Her DD Form 214 reflects the following entries:
* Item 4a (Grade, Rate or Rank) shows "SPC"
* Item 4b (Pay Grade) shows "E-4"
* Item 12h (Effective Date of Pay Grade) shows "1993 01 20"
* Item 19b (Nearest Relative) shows "BATTIE C____"
5. She provides the following documents:
a. Her January 1997 LES showing she was paid as an E-5.
b. A Certificate of Birth from the City of New York, Department of Health, Bureau of Records and Statistics, dated 31 July 1967, showing the spelling of her mother's first name as "Bettie."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. For item 4a, enter the rank in which serving at the time of separation; for item 4b, enter the pay grade in which serving at the time of separation; for item 12h enter the effective of pay grade; and for item 19b enter the nearest relative name as provided by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. Orders 292-27, dated 18 October 1996, show the applicant was promoted while serving during the period reflected on her DD Form 214. There is no evidence that she was reduced in rank between the date of her promotion and her separation from active duty. Therefore, her DD Form 214 should be corrected to show her rank/grade as SGT/E-5.
2. She also contends her nearest relative's, her mother's, first name is incorrectly spelled on her DD Form 214. She provides a Certificate of Birth from the City of New York that spells her mother's first name as "BETTIE" as opposed to "BATTIE" as currently listed on her DD Form 214. Therefore, her DD Form 214 should be corrected to show the correct spelling of her nearest relatives name.
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 her DD Form 214 by:
* deleting the entry in item 4a and adding "SGT"
* deleting the entry in item 4b and adding "E-5"
* deleting the entry in item 12h and adding 1996 11 01"
* deleting in item 19b the entry "BATTIE" and adding the entry "BETTIE"
_______ _ _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) AR20150003020
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2007 | 20070005119
The applicant requests, in effect, that item 4a (Grade, Rate or Rank), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 6 June 2006, be corrected to show the entry "SSG" instead of the entry "SGT": item 4b (Pay Grade), to show the entry "E-6" instead of the entry "E-5": item 19a (Mailing Address After Separation) and the address in 9b (Nearest Relative [Address]) be corrected to show the street name correctly identified as "Shooting Star" instead of the entry...
ARMY | BCMR | CY2010 | 20100007573
The applicant requests the following corrections on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 2003: * Item 1 (Name-Last, First, Middle) correct the spelling of her first name * Item 4a (Grade, Rate, or Rank) and item 4b (Pay Grade) be corrected to show she was promoted to sergeant (SGT), E-5 * Item 14 (Military Education) be corrected to show she completed 13 weeks of training in the automated logistics specialist course *...
ARMY | BCMR | CY2010 | 20100023818
The applicant requests correction of her date of birth in item 5 (Date of Birth) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 12 November 1969 instead of 12 November 1970. Her DD Form 214 for this period of service shows her date of birth as 12 November 1970. The applicant's copy of her birth record, DD Form 4, and other documents in her military records show her date of birth as 12 November 1969.
ARMY | BCMR | CY2011 | 20110013639
IN THE CASE OF: BOARD DATE: 10 January 2012 DOCKET NUMBER: AR20110013639 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of item 19b (Nearest Relative (Name and Address Include Zip Code)) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the spelling of the city as "Pennington" instead of "Pemmington." Her service record contains the following documents which show the city and state of her nearest relative (father): * The...
ARMY | BCMR | CY2014 | 20140000353
The applicant requests correction of items 4a (Grade, Rate, or Rank), 4b (Pay Grade), and 12h (Effective Date of Pay Grade) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 September 1992. 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...
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 | CY2001 | 2001065037C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: That her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to reflect a different Home of Record (HOR) address (Block 7b) and a different nearest relative address (Block 19b). EVIDENCE OF RECORD : The applicant’s military records show:
ARMY | BCMR | CY2007 | 20070013563
He was subsequently promoted to sergeant (SGT)/E-5 on 18 September 2002 and to SSG/E-6 on 5 August 2004. It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. DISCUSSION AND CONCLUSIONS: Evidence of record shows that, prior to his release from active duty, the applicant was promoted to SFC/E-7 on 21 June 2007.
ARMY | BCMR | CY2011 | 20110023034
Orders 311-0916, dated 7 November 2005, issued by Headquarters, U.S. Army Garrison, Fort Gordon, GA, retired her from active duty because of physical disability incurred while entitled to basic pay effective 5 February 2006 and placed her on the TDRL in the rank of SGT effective 6 February 2006. Army Regulation 600-8-19 (Enlisted Promotions and Reductions), paragraph 1-20c, states that under the provisions of Title 10, U.S. Code, section 1372, Soldiers on a promotion list at the time of...
ARMY | BCMR | CY2006 | 20060010757
Therefore, she is entitled to correction of her DD Form 214, Item 4a to show the rank, SGT; Item 4b to show the pay grade E-5; and a correction to Item 12h to show the date of effective date of pay grade, 2004/09/01 (1 September 2004). As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by showing the rank Sergeant, in Item 4a. ; and effective date of pay grade of 2004/09/01 (1 September 2004) in Item 12h., of the applicant's...