IN THE CASE OF: BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150003483 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) to show he held the rank of sergeant (SGT)/pay grade E-5 effective and with a date of rank (DOR) of 5 September 2007. 2. The applicant states he was promoted to SGT (E-5). He adds that correction of his DD Form 214 will support the information on his resume. 3. The applicant provides copies of his: * DD Form 214 * promotion orders * discharge orders * NGB Form 22 (Report of Separation and Record of Service) 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. On 25 August 2005, the applicant enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) for a period of 8 years and in the Missouri ARNG (MOARNG) for a period of 6 years. 3. He was ordered to active duty in support of Operation Iraqi Freedom on 17 July 2006. 4. A DA Form 4187 (Personnel Action), dated 25 August 2006, shows he was promoted to specialist (SPC)/pay grade E-4, effective 25 August 2006. 5. The applicant's DD Form 214 shows he was honorably released from active duty (REFRAD) on 19 August 2007 based on completion of required active service and transferred to MOARNG Element, Joint Force Headquarters (JFHQ), Jefferson City, MO. He had completed 1 year, 1 month, and 3 days of net active service this period that included 11 months and 4 days of foreign service in Iraq. It also shows in: * item 4a (Grade, Rate or Rank): "PFC" * item 4b (Pay Grade): "E03" * item 12 (Record of Service), block h (Effective Date of Pay Grade): "2006 05 19" (19 May 2006) 6. Headquarters, MOARNG, JFHQ, Jefferson City, MO, Orders 253-095, dated 10 September 2007, promoted the applicant to SGT (E-5), effective and with a DOR of 5 September 2007. 7. Headquarters, MOARNG, JFHQ, Jefferson City, MO, Orders 242-570, dated 30 August 2010, discharged the applicant from the ARNG on 24 August 2010 and assigned him to the U.S. Army Reserve (USAR) Control Group (Reinforcement). The orders show his rank as SGT. 8. His NGB Form 22 shows he was honorably discharged from the MOARNG on 24 August 2010 based on expiration of active status commitment in the Selected Reserve and transferred to the USAR Control Group (Reinforcement). He had completed 6 years of total service. It also shows in: * item 5a (Rank): "SGT" * item 5b (Pay Grade): "E5" * item 6 (DOR): "07 09 05" (5 September 2007) 9. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, 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. a. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. b. Chapter 2 contains guidance on the preparation of the DD Form 214. Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214. The instructions show for: (1) item 4a and item 4b, enter the active duty grade of rank and pay grade at time of separation, and (2) item 12, block h, enter the effective date of promotion to pay grade. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show he was REFRAD in the rank of SGT (E-5). 2. The evidence of record shows the applicant was ordered to active duty on 17 July 2006 and that he was promoted to SPC (E-4) on 25 August 2006. 3. There is no evidence of record that shows the applicant was promoted to SGT (E-5) during the period 26 August 2006 through the date he was REFRAD on 19 August 2007. Thus, there is an insufficient evidentiary basis for correcting his DD Form 214 to show he was REFRAD in the rank/grade of SGT/E-5. 4. However, the entries in items 4a, 4b, and 12h of his DD Form 214 show he was REFRAD in the rank/grade of PFC/E-3 effective and with a DOR of 19 May 2006. Thus, it would be appropriate to correct his DD Form 214 to show he was REFRAD in the rank/grade of SPC/E-4 with an effective date of 25 August 2006. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x___ ____x___ ___x ____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entries in item 4a, item 4b, and item 12 (block h) and adding the following entries: * item 4a: "SPC" * item 4b: "E04" * item 12, block h: "2006 08 25" 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the rank of sergeant/pay grade E-5 with an effective date of 5 September 2007. ___________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) AR20150003483 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003483 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1