IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005081 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), ending on 11 December 1981 to show his rank and grade of staff sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5. 2. The applicant states, in effect, he was promoted to SSG/E-6 in the U.S. Army Reserve (USAR) on 1 June 1988. 3. The applicant provides: * DD Form 214 * USAR promotion orders 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 enlisted in the Regular Army on 12 December 1977 and he held military occupational specialty 11B (Infantryman). 3. He served in Alaska from 4 October 1979 to 11 December 1981. He was promoted to SGT/E-5 on 4 May 1981. 4. On 21 August 1981, Headquarters, 172nd Infantry Brigade, Fort Richardson, AK published Orders 163-15 assigning him to the separation transfer point for separation out-processing from active duty. The orders listed his rank as SGT. 5. He was honorably released from active duty on 11 December 1981 and he was transferred to the USAR Control Group (Reinforcement) to compete his remaining service obligations. His DD Form 214 shows in: * Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) – SGT and E-5 * Item 12h (Effective Date of Pay Grade) – 1 June 1981 5. On 25 July 1983, he was reassigned from the USAR Control Group (Reinforcement) to a troop program unit (TPU) of the USAR. 6. On 9 May 1988, Headquarters, U.S. Army Military Personnel Center, St. Louis, MO published Orders 081-102 promoting him to SSG in the USAR with an effective date of 1 June 1988 and a date of rank of 18 May 1988. 7. On 29 November 1989, the USAR Personnel Center published Orders D-11-100889 honorably discharging him from the USAR effective 29 November 1989. These orders listed his rank as SSG. 8. Army Regulation 635-5 prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established the standardized policy for the preparation of the DD Form 214. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It states for Items 4a and 4b, enter the enlisted rank/grade at the time of the Soldier's separation from active duty and for Item 12h, enter the effective date of rank. DISCUSSION AND CONCLUSIONS: The available evidence shows the applicant served on active duty during the period 12 December 1979 through 11 December 1981. During his active duty service, he was promoted to the rank/grade of SGT/E-5. He did not hold the rank/grade of SSG/E-6. He was promoted to SSG/E-6 in the USAR after his release from active duty. The DD Form 214 is a synopsis of a Soldier's period of continuous active service. He does not meet the regulatory criteria to have his DD Form 214 corrected to show his highest USAR rank/grade of SSG/E-6. 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) AR20150005081 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005081 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1