ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    1 May 2019

	DOCKET NUMBER:  AR20160016518


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as staff sergeant (SSG).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Online Application)
* Orders 028-0618, United States Army Reserves (USAR) assignment
* Orders 09-189-00075, promotion order for SSG

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states his DD Form 214 shows his grade as E-5 and should reflect as E-6.  He received an honorable discharge from the Regular Army (RA) on 4 March 2009.  While serving in the USAR, he was promoted to SSG on 1 July 2009.  He believes that there has been an oversight.

3.  The applicant provides: 

	a.  Orders 028-0618, issued by Headquarters, 101st Airborne Division, Fort Campbell, Kentucky on 28 January 2009, assigning him to USAR Control Group (Reinforcement) effective [date not specified], as a SGT. 

	b.  Orders 09-189-00075, issued by Headquarters, Army Reserve Medical Command, Pinellas, Florida, promoting him to SSG effective 1 July 2009.

4.  A review of the applicant’s service record shows:  

	a.  He enlisted in the RA on 10 March 2004.  He was promoted to SGT on 1 April 2007.
	b.  On 4 March 2009, he was honorably released from active duty and transferred to the USAR Support Group, Nashville, TN as a SGT.  His DD Form 214 shows in: 

* Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) SGT and E05
* Item 12h (Effective Date of Pay Grade) 2007-04-01

	c.  His Noncommissioned Officer Evaluation Report for the rating period 11 April 2009 through 10 April 2010, shows his rank as SSG effective 1 July 2009 (i.e., after his release from active duty). 

	d.  Orders 10-168-00032, issued by Headquarters, 81st Regional Support Command, Fort Jackson, SC, on 17 June 2010 shows he was honorably discharged from the USAR on 24 July 2010 as a SSG.  

5.  By regulation, the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  The information entered thereon reflects the conditions as they existed at the time of separation.  

* For items 4a (Grade, Rate or Rank) and 4b (Pay Grade), enter the active duty grade or rank and pay grade at time of separation from the Enlisted Record Brief
* For item 12f (Effective Date of Pay Grade), from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon a review of the documentary evidence presented by the applicant and found within the service record, the Board concluded there was insufficient evidence to show that the applicant obtained the rank of Staff Sergeant prior to departing active duty.  For that reason, the Board recommended denying the applicant’s request for relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It established standardized policy for preparing and distributing the DD Form 214.  The general instructions stated all available records would be used as a basis for preparation of the DD Form 214.

* Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) require the official to enter the active duty grade or rank and pay grade at time of separation from the Enlisted/Officer Record Brief
* Item 12f (Effective Date of Pay Grade), from the most recent promotion order (or reduction instrument), enter the effective date of promotion to the current pay grade

ABCMR Record of Proceedings (cont)	 AR20170000830


4


1