n IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160000846 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160000846 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by a. deleting from items 4a (Grade, Rate or Rank) and 4b (Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 August 2011 the entries SSG and E06, and b. adding to items 4a and 4b of his DD Form 214 the entries SFC and E07. ___________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: 10 October 2017 DOCKET NUMBER: AR20160000846 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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 August 2011 to show award of the Combat Action Badge (CAB). He further requests correction of Item 4a (Grade, Rate or Rank) and Item 4b (Pay Grade) of this document to show his rank as sergeant first class (SFC) and his pay grade as E07. 2. The applicant states on 11 June 2011, while in support of Operation Enduring Freedom in Salar, Afghanistan, his convoy was ambushed. They exchanged fire with the enemy for over 10 minutes. Eventually, they kept the convoy moving and left the hostile area. He further states he was promoted to the rank/grade of SFC/E-7 on 27 June 2011; however, his DD Form 214 indicates his rank/grade as staff sergeant (SSG)/E06. 3. The applicant provides: * 3 letters * Orders 193-950 * Enlisted Record Brief (ERB) * 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. Paragraph 2-5 of Army Regulation 15-185 (ABCMR), the regulation under which this Board operates, states the Board will not consider any application if it determines an applicant has not exhausted all administrative remedies available. a. There is no evidence that the applicant submitted an application for award of the CAB to the U.S. Army Human Resources Command and was denied this award. The CAB may be requested by letter to the Commander, U.S. Army Human Resources Command, Attention: Veteran Services, 600 Spearhead Division Avenue, Fort Knox, KY  40121-5743, and must contain the following: * assignment, attachment, or operational control orders * Officer or Enlisted Record Brief * chain of command endorsement * one-page narrative description of the qualifying incident * certified copy of the DD Form 214 * any other supporting documentation b. Award of the CAB will not be discussed further in this Record of Proceedings. 3. The applicant's ERB shows he had active duty service in the U.S. Navy prior to enlisting in the Army National Guard on 30 November 1999. 4. Orders 193-950 issued by State of Ohio, Adjutant General's Department, Columbus, OH, dated 12 July 2011, promoted him to the rank/grade of SFC/E-7, effective 27 June 2011. 5. His DD Form 214 for the period ending 16 August 2011 shows he was ordered to active duty on 6 July 2010 in support of Operation Enduring Freedom. On 16 August 2011, he was honorably released from active duty (REFRAD). Item 4a lists his rank as SSG and Item 4b lists his pay grade as E06. 6. The applicant's ERB, dated 29 October 2014, shows he was promoted to SFC on 27 June 2011. There is no evidence indicating he was reduced from this grade. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 is prepared for all personal at the time of their retirement, discharge, or REFRAD. The regulation stated for Items 4a and 4b to list the rank/pay grade at the time of separation. DISCUSSION: The evidence includes orders promoting the applicant to SFC/E-7 effective 27 June 2011; his ERB also reflects this rank and date of rank. A thorough review of his OMPF failed to reveal any evidence of a reduction in rank. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000846 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000846 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2