IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110012307 


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 1991 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank and pay grade as staff sergeant (SSG) and E-6.

2.  The applicant states he was promoted to SSG on 1 February 1991.

3.  The applicant provides copies of his promotion orders and DD Form 214.

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, a career Army National Guard Soldier, was called to active duty in support of Operation Desert Shield/Storm in November 1990 as a sergeant.  

3.  185th Transportation Battalion Orders 1-1, dated 1 February 1991, promoted him to SSG with the same day as his a date of rank.  

4.  His DD Form 214 lists his rank and pay grade as sergeant and E-5.  He was returned to the Ohio Army National Guard.

5.  Other service record documents show:

* GPFM-1790 (Personnel Qualification Record), Section B, item 1 (Pay Grade ? hand changed from E-6 to E-5 on 22 August 1994 
* DA Form 2-1 (Personnel Qualification Record - Part II), item 18 (Appointments and Reductions) ? SSG on 1 February 1991 and SGT on 22 August 1994
* DA Forms 2166-7 (NCO Evaluation Reports) ending October 1992 and October 1993 show his rank as SSG
* Ohio Army National Guard letter (635-5), dated 24 May 1993, requested that the rank and pay grade on his Desert Shield/Storm DD Form 214 be corrected to SSG/E-6 [there is no evidence of any action being taken]
* Ohio Army National Guard Orders 30-2, dated 22 August 1994 reduced the applicant to SGT/E-5
* Ohio Adjutant General's Orders 232-84 ordered the applicant retired as a SGT
* NGB Form 22 (National guard Bureau report of Separation and Record of Service, dated 15 December 1994 shows the applicant's rank and pay grade as SGT/E-5.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was promoted to SSG/E-6 on 1 February 1991 while serving on active duty and was released from active duty and returned to the Ohio Army Nation Guard in that rank and pay grade.

2. His 17 July 1991 DD Form 214 should be changed accordingly.



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 changing his rank and pay grade on his 17 July 1991 DD Form 214 to SSG and E-6.





      __________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)                                         AR20110012307





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110012307



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1