IN THE CASE OF: BOARD DATE: 16 January 2018 DOCKET NUMBER: AR20160005245 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: 16 January 2018 DOCKET NUMBER: AR20160005245 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 the current entry in item 4a (Grade, Rate, or Rank) of his DD Form 214 for the period ending 24 May 2010 and replacing it with the entry "SSG," b. deleting the current entry in item 4b (Pay Grade) of his DD Form 214 for the period ending 24 May 2010 and replacing it with the entry "E06," and c. deleing the current entry in item 12i (Effective Date of Pay Grade) of his DD Form 214 for the period ending 24 May 2010 and replacing it with the entry "2010  05  24." ___________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: 16 January 2018 DOCKET NUMBER: AR20160005245 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 items 4a (Grade, Rate, or Rank), 4b (Pay Grade), and 12i (Effective Date of Pay Grade) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 May 2010. 2. The applicant states he was promoted to staff sergeant (SSG)/E-6 effective his retirement date. 3. The applicant provides: * promotion orders, dated 20 December 2010 * DD Form 214 for the period ending 24 May 2010 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. Having prior enlisted service in the Army National Guard and U.S. Army Reserve, the applicant enlisted in the Army National Guard on 18 November 1996. He was promoted to sergeant (SGT) effective 15 November 2006. He was ordered to active duty on 10 January 2007 in support of Operation Iraqi Freedom. 3. On 24 May 2010, he retired in the rank of SGT by reason of temporary disability and was placed on the Temporary Disability Retired List effective 25 May 2010. His DD Form 214 for the period ending 24 May 2010 shows in: * item 4a – SGT * item 4b – E05 * item 12i – 15 November 2006 4. His National Guard Bureau Form 22 (Report of Separation and Record of Service) with an effective date of 24 May 2010 shows in: * item 5a (Rank) – SSG * item 5b (Pay Grade) – E6 * item 6 (Date of Rank) – 24 May 2010 5. Department of the Army and the Air Force, Land Component, Joint Force Headquarters Kansas, Orders 354-703, dated 20 December 2010, promoted him to SSG/E-6 effective 24 May 2010. 6. U.S. Army Physical Disability Agency Order 270-05, dated 27 September 2011, removed him from the Temporary Disability Retired List effective 27 September 2011. His rank is shown as SGT in these orders. 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 the preparation of the DD Form 214. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It also established standardized policy for preparation of the DD Form 214. a. It stated for item 4a, enter the active duty grade or rank at the time of separation. b. It stated for item 4b, enter the active duty pay grade at the time of separation. c. It stated for item 12i, enter the effective date of promotion to pay grade. DISCUSSION: Promotion orders show the applicant was promoted to SSG/E-6 effective 24 May 2010. Items 4a, 4b, and 12i of his DD Form 214 for the period ending 24 May 2010 do not reflect this promotion. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005245 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005245 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2