IN THE CASE OF: BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150015911 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150015911 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending her DD Form 214 for the period ending on 5 July 2008 to show in: * Item 4a "SGT" * Item 4b "E05" * Item 12h "2007 11 16" 2. The Board further determined 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 changing the reason for separation. ___________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: 28 March 2017 DOCKET NUMBER: AR20150015911 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, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 5 July 2008 to show her rank/grade as sergeant (SGT)/E-5 and the reason for separation as retired due to physical disability. 2. She states her DD Form 214 does not show she was a SGT/E-5 when she was discharged. It also does not show she was retired due to permanent physical disability. 3. She provides Orders 363-001, dated 29 December 2011. 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 Army National Guard (ARNG) on 1 May 1981. 3. On 16 November 2007, she was promoted to SGT/E-5. 4. On 10 January 2008, she was ordered to active duty in support of Operation Iraqi Freedom. She served in Iraq from 10 January 2008 to 28 March 2008 and she was honorably released from active duty on 5 July 2008. Her DD Form 214 for this period shows in: * Item 4a/4b (Grade,Rate or Rank)/(Pay Grade) - specialist (SPC)/E-4 * Item 12h (Effective Date of Pay Grade) - 6 October 2006 * Item 23 (Type of Separation) - Release from Active Duty * Item 25 (Separation Authority) - Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4 * Item 28 (Narrative Reason for Separation) - Completion of Required Active Duty Service 5. Orders D 300-06, issued by the U.S. Army Physical Disability Agency, Arlington VA, dated 27 October 2011, released the applicant from her assignment and placed her on the retired list effective 1 December 2011 due to permanent physical disability. She was placed on the list in the grade of rank of sergeant/E-5 with a 50 percent disability rating. 6. On 1 December 2011, she was discharged from the ARNG and assigned to the permanent disability retirement list. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. DISCUSSION: 1. The evidence of record shows the applicant was promoted to SGT/E-5 on 16 November 2007. However, her DD Form 214 for the period ending 5 July 2008 incorrectly shows her rank as SPC/E-4 with a date of rank of 6 October 2006. 2. The available evidence shows she was honorably released from active duty on 5 July 2008 due to completion of required active duty service. She was not retired due to physical disability until 1 December 2011, 3 years and 4 months after the issuance of her DD Form 214. The reason for separation listed on her DD Form 214 is correct. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015911 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015911 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2