BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110016680 


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 item 4a (Grade, Rate or Rank) and item 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect the rank and pay grade of staff sergeant/E-6 (SSG/E-6).  

2.  He states he was an E-6 at the time of discharge. 

3.  He provides his DD Form 214 and Department of Defense/Uniformed Services Identification and Privilege Card.

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.  After having prior service in the U.S. Marine Corps, the applicant enlisted in the U.S. Army Reserve on 1 July 2004 in the pay grade of E4.  On 10 February 2005, he was ordered to active duty in support of Operation Enduring Freedom.  He was honorably released from active duty on 29 May 2006.

3.  His DD Form 214 lists his rank and pay grade in items 4a and 4b as sergeant (SGT) and E-5, respectively.  The effective date of pay grade in item 12h is listed as 1 June 2005.  

4.  His record is void of any derogatory evidence or any documents that show he was demoted.  

5.  His Uniformed Services Identification and Privilege Card show his grade as 
E-6.

6.  The Total Army Personnel Database - Reserve (TAPDB-R) lists his grade as SSG.  His date of rank is listed as 15 September 2005.

7.  The Defense Finance and Accounting Service (DFAS) verified that the applicant's pay grade was E-6 effective 15 September 2005.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation stipulates that the rank and pay grade held on the date of separation will be entered in items 4a and 4b. 

DISCUSSION AND CONCLUSIONS:

The information obtained from the TAPDB-R and DFAS confirm that the applicant was promoted to SSG/E-6 on 15 September 2005.  This is the rank and pay grade he held on the date of his separation and his DD Form 214 should be corrected 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 amending his DD Form 214 as follows:

	a.  Item 4a - delete the current entry and replace it with "Staff Sergeant" and 

	b.  Item 4b - delete the current entry and replace it with "E-6."

	c.  Item 12h - delete the current entry and replace it with "2005  09  15."



      _______ _   _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)                                         AR20110016680





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ABCMR Record of Proceedings (cont)                                         AR20110016680



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