IN THE CASE OF: BOARD DATE: 5 June 2018 DOCKET NUMBER: AR20160007429 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 5 June 2018 DOCKET NUMBER: AR20160007429 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 10 June 2004, to show he was separated in the rank/grade of sergeant (SGT)/E-5. 2. The applicant states his demotion was an injustice. The demotion was to be temporary but the battalion never corrected his rank before his expiration term of service (ETS) date. He was never given demotion orders and he never received an explanation as to why he was demoted. The demotion was too harsh. If anything, his rank was to be dropped one rank instead of four. 3. The applicant provides no additional evidence in support of his request. 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. Following prior service in the Army National Guard, the applicant enlisted in the Regular Army on 11 June 2001, for a period of 3 years. His ETS dates was established as 10 June 2004. 3. A DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER), for the rating period June 2003 to August 2003, shows the following: * Part I (Administrative Data) b. (Rank) – "SGT" * Part Id (Date of Rank (DOR)) – "1 June 2003" * Part Ig (Reason for Submission) – "Relief for Cause" 4. Orders 085-0208, issued by Headquarters, III Corps and Fort Hood on 25 March 2004, reassigned the applicant to the U.S. Army Transition Center for discharge processing, effective 10 June 2004. These separation order shows his rank/grade as private (PV1)/E-1. 5. A DD Form 2648 (Pre-separation Counseling Checklist) within the applicant's record shows he received transition counseling on 29 March 2004, and lists his grade as E-1. He authenticated the form with his signature. 6. A DD Form 214 for the period ending 10 June 2004 shows the applicant was honorably discharged, by reason completion of required active service. His rank is shown as PV1. He authenticated the form with his signature. 7. The applicant's record is void of documentary evidence that establishes the reason(s) for his reduction in rank from SGT to PV1. 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 the standardized policy for preparing and distributing the DD Form 214. It provided that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show he was separated from active duty in the rank of SGT. 2. The applicant's record contains a "Relief for Cause" NCOER that shows he was a SGT with a DOR 1 June 2003. 3. The evidence of record shows the applicant was issued separation orders with a discharged date effective 10 June 2004, which was the same as his ETS date. The separation order shows his rank as PV1. In addition, the applicant's separation counseling checklist also shows his rank as PV1, in which he authenticated this form. 4. The applicant was issued a DD Form 214 for a period of active service that ended on 10 June 2004. This DD Form 214 shows he was separated in the rank of PV1. 5. The applicant's record is void of documentary evidence that establishes the reason(s) for his reduction in rank from SGT to PV1. However, he acknowledged that he was reduced, although he contends he thought the reduction was temporary. 6. The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. In the absence of evidence showing otherwise, his separation document is presumed to have been administratively correct and in conformance with applicable laws and regulations. The applicant's DD Form 214 reflects his rank as shown on his separation orders. 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007429 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007429 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2