IN THE CASE OF:	   

		BOARD DATE:	  2 July 2015

		DOCKET NUMBER:  AR20140019562 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his rank as Sergeant (SGT)  E-5.

2.  The applicant states that he was promoted to the rank of SGT while serving in the United States Army Reserve (USAR).

3.  The applicant provides a copy of his 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 enlisted in the Regular Army on 5 October 1982.  He completed his one-station unit training as an administrative specialist at Fort Jackson, South Carolina and was transferred to Fort Riley, Kansas for his first duty assignment.   He was advanced to the pay grade of E-4 on 1 August 1984. 

3.  On 21 August 1984, he was transferred to Fort Stewart, Georgia where he remained until he was honorably released from active duty (REFRAD) in the pay grade of E-4 on 4 October 1985.  He was transferred to the USAR Control Group (Reinforcement).

4.  On 23 September 1987, while serving in a USAR Troop Program Unit in Oakdale, Pennsylvania, he was promoted to the rank of SGT.  He was honorably discharged from the USAR on 22 July 1989.

5.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information as it exists in official records as of the effective date of separation.  Information that occurs subsequent to the effective date of the DD Form 214 is not authorized for retroactive entry on that form. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably REFRAD in the rank of specialist E-4 and his DD Form 214 correctly reflects the rank he held at the time of his REFRAD.

2.  The applicant was subsequently discharged from the USAR in the rank of sergeant.

3.  Inasmuch as the DD Form 214 is by regulation only authorized to reflect an individual’s service as of the date of separation, and subsequent events are not authorized for entry on that form, his DD Form is correct.

4.  Therefore, since there is no error or injustice in his case, there appears to be no basis to grant his request.

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)                                         AR20140019562





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140019562



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1