IN THE CASE OF:	  

		BOARD DATE:  13 March 2012

		DOCKET NUMBER:  AR20110016772 


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 his rank and pay grade be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states when he got out of the Regular Army (RA), his pay grade was E-4, but he was promoted to sergeant (SGT)/pay grade E-5 in the active Reserve.

3.  The applicant provides no additional documentation.

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 served in the RA for 3 years from 14 August 1979 to 13 August 1982.  His DD Form 214 shows in:

* item 4a (Grade, Rate or Rank) SP4 (specialist four)
* item 4b (Pay Grade) E-4

3.  The applicant served in the active Reserve and was promoted to SGT/pay grade E-5 on 1 September 1984.

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The 
DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear cut record of active duty service at the time of release from active duty.  It further states to enter active duty grade of rank and pay grade at time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214, which was effective on 13 August 1982, be changed to show his promotion to SGT which occurred on 1 September 1984.

2.  Army Regulation 635-5 provides the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear cut record of active duty service at the time of release from active duty (emphasis added).

3.  The applicant's promotion to SGT/E-5 did not occur on active duty; therefore, this rank cannot be added to his DD Form 214.

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)                                         AR20110016772



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ABCMR Record of Proceedings (cont)                                         AR20110016772



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