BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002835 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 BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002835 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. BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002835 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) for the period ending 19 August 1986 to show his rank as sergeant/E-5. 2. The applicant states his rank at the time of his discharge was E-5. He did not realize the error until he applied for a job and it was brought to his attention. 3. The applicant provides: * DD Form 214 for the period ending 19 August 1986 * Honorable Discharge Certificate, dated 7 November 1991 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 on 8 November 1985 for a period of 8 years. 3. He was ordered to active duty for training on 17 March 1986 and he was released from active duty on 19 August 1986. His DD Form 214 for the period ending 19 August 1986 shows in: * item 4a (Grade, Rate, or Rank) – private one * item 4b (Pay Grade) – E-1 4. Item 18 (Appointments and Reductions) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he was promoted to sergeant/E-5 effective 1 May 1991. 5. He was honorably discharged from the Army National Guard on 7 November 1991. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows in: * item 5a (Rank) – sergeant * item 5b (Pay Grade) – E-5 6. He provided an Honorable Discharge Certificate, dated 7 November 1991, showing his rank as sergeant. 7. On 9 November 1993, he was honorably discharged from the U.S. Army Reserve in the rank of sergeant/E-5. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, 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 preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. DISCUSSION: The applicant's DD Form 214 is a "snapshot in time" and is a reflection of his record of active Army service at the time of his release from active duty on 19 August 1986. He was promoted to sergeant/E-5 in May 1991, approximately 5 years after his release from active duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002835 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002835 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2