IN THE CASE OF: BOARD DATE: 28 August 2008 DOCKET NUMBER: AR20080008324 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 records to show his date of rank (DOR) to master sergeant (MSG)/E-8 as 1 October 1999 instead of 1 June 2000. 2. The applicant states, in effect, that the incorrect entry was due to an administrative oversight. 3. The applicant provides the following additional documentary evidence in support of his application: a. DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 28 February 2003. b. U.S. Total Army Personnel Command, Alexandria, Virginia, Orders Number 257-4, dated 14 September 1999, promotion to MSG/E-8. c. Headquarters, III Corps and Fort Hood, Fort Hood, Texas, Orders 304-0251, dated 31 October 2002, Retirement Orders. d. DA Form 4187 (Personnel Action), dated 25 September 2002, Request for Name Change. 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 initially enlisted in the Regular Army on 7 August 1981 and held military occupational specialty (MOS) 92Y (Supply Specialist). He subsequently executed a series of extensions and/or reenlistments in the Regular Army and was placed on the Retired List effective 1 March 2003 in the rank/grade grade of 1SG [first sergeant]/E-8. 3. Items 4a (Grade, Rate, or Rank) and 4b (Pay Grade) of the applicant's DD Form 214 show the entries MSG and E-8 respectively. Item 12h (Effective Date of Pay Grade) shows the entry "2000 06 01." 4. U.S. Total Army Personnel Command (now known as the U.S. Army Human Resources Command or HRC), Alexandria, Virginia, Orders Number 257-4, dated 14 September 1999, show the applicant was promoted to MSG/E-8 with an effective date and DOR of 1 October 1999. 5. Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows his highest grade as that of MSG with an effective date of rank of 1 October 1999. 6. Part Id (Date of Rank) of the applicant's last 4 Noncommissioned Officer (NCO) Evaluation Reports show his DOR as 1 October 1999. 7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. 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. The active duty grade or rank and pay grade at the time of separation is entered in Item 4 and the effective date of promotion to the current pay grade (from the most recent promotion or reduction order) is entered in Item 12h. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant was promoted to MSG/E-8 on 1 October 1999 and served in that grade until he retired on 1 March 2003. There is no indication in his records that he was reduced to sergeant first class (SFC)/E-7 and then selected again for promotion to MSG/E-8 on 1 June 2000. It appears that the 1 June 2000 DOR was incorrectly entered due to an administrative oversight. Therefore, the applicant is entitled to correction of his records to show the effective date for promotion to MSG/E-8 as 1 October 1999. BOARD VOTE: __xxx___ __xxx___ __xxx___ 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 the entry "2000 06 01" from Item 12h of the applicant's DD Form 214, dated 28 February 2003, and replacing it with the entry "1999 10 01." XXX ______________________ 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) AR20080008324 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080008324 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1