IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012175 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012175 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012175 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, the daughter of the deceased former service member (FSM), requests correction of her father's DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/pay grade as master sergeant (MSG)/E-8. 2. The applicant states the FSM's identification (ID) card shows his rank and pay grade as MSG/E-8, which was the final rank that he achieved. She states the FSM's DD Form 214 shows his rank and pay grade as sergeant first class (SFC)/ E-7, which are incorrect. 3. The applicant provides: * Armed Forces of the United States ID Card, issued on 6 March 1994 * DD Form 214, dated 15 August 1986 * Certificate of Death, dated 14 December 2014 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 FSM enlisted in the United States Army Reserve (USAR) in the rank/pay grade of private/E-1 on 16 April 1975. He completed training as a wheeled vehicle mechanic. He remained a member of the USAR through continuous reenlistments. He was promoted through the ranks as follows: * private, pay grade E-2, on 26 June 1975 * private first class, pay grade E-3, on 18 October 1975 * specialist four, pay grade E-4, on 10 April 1976 * specialist five, pay grade E-5, on 13 July 1977 * staff sergeant, pay grade E-6, on 29 March 1981 * sergeant first class, pay grade E-7, on 1 February 1983 3. On 26 June 1983, the FSM was ordered to active duty in the Active Guard/Reserve (AGR) for a period of 3 years. 4. After completing 3 years, 1 month, and 20 days of net active service, the FSM was released from active duty on 15 August 1986 and he was transferred to the USAR Control Group (Reinforcement). His DD Form 214 shows his rank as "SFC" and his pay grade as "E-7." 5. A review of the available records shows the FSM was promoted to MSG, pay grade E-8, on 23 February 1987. 6. The applicant provides a copy of the FSM's Armed Forces of the United States ID Card that was issued on 6 March 1994. It shows his rank as "MSG" and his pay grade as "E-8." REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The regulation stated that the DD Form 214 serves as a snap-shot in time and only information that is in effect at the time the DD Form 214 is issued is authorized for entry on that form. Subsequent events that occur will not be entered on the form retroactively unless they occurred during the period covered by the DD Form 214. DISCUSSION: 1. The applicant contends that the FSM's DD Form 214 should be corrected to show his rank/grade as MSG/E-8. 2. The FSM's DD Form 214 contains information covering the period 26 June 1983 to 15 August 1986. 3. The FSM was promoted to SFC/E-7 on 1 February 1983. The available evidence shows he held that grade at the time of his release from active duty on 15 August 1986. The rank and pay grade shown on his DD Form 214 appear to be correct as currently reflected. 4. The FSM was promoted to MSG on 23 February 1987 and his ID card was issued on 6 March 1994; both actions occurred after the period covered by the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012175 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012175 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2