ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 April 2019 DOCKET NUMBER: AR20160016800 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 28 February 1986 to show his military education and his retired grade as staff sergeant (SSG/E-6) in lieu of sergeant (SGT/E-5). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) 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 he was reassigned to attend field artillery training with an assignment at Fort Sill, OK; however, the training is not included on his retirement DD Form 214. Additionally, he wants his pay grade corrected to indicate he retired at the pay grade of SSG/E-6. 3. The applicant enlisted in the Regular Army on 1 November 1965 and was honorably transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) on 14 August 1968. 4. The applicant reenlisted in the Regular Army on 30 October 1968 and was honorably discharged on 12 May 1971 to immediately reenlist. On 13 May 1971, he reenlisted in the Regular Army. 5. Special Orders 63 issued by U.S. European Command Support Activity, dated 26 July 1973 promoted him to the rank/grade of SSG/E-6 effective 1 July 1973. 6. The applicant's DD Form 214 covering the period 13 May 1971 through 5 July 1978 shows he was honorably discharged. Item 27 (Remarks) contains the entry, "Cannon Crewman Reclassification Course, 8 weeks, 1976." 7. The applicant reenlisted on 6 July 1978 and was honorably discharged on 21 July 1979. On 22 July 1978, he reenlisted in the Regular Army. 8. DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) shows he was reduced to the grade of E-5 on 17 April 1980. 9. Orders 344-67 issued by Headquarters, Presidio of San Francisco, Presidio of San Francisco, CA, dated 10 December 1985 released him from active duty and placed him on the Retired List effective 28 February 1986 in the grade of rank of "Sergeant." 10. The applicant was honorably retired on 28 February 1986. His DD Form 214 shows in: a. Item 4a (Grade, Rate, or Rank), the entry "SGT." b. Item 4b (Pay Grade), the entry "E-5." c. Item 14 (Military Education (Course Title, number weeks, and month and year completed)), the entries "Stenography Course 18 wks (1983)" and "Postal Clerk's Course 4 wks (1984)." 11. A review of his official military personnel file shows a letter from Chief, Retirement Services, U.S. Army Reserve Personnel Center, dated 5 December 1997 with auxiliary document, informing him of the following: a. Upon completion of 30 years, members may be advanced on the retired list to the highest grade satisfactorily held on extended active duty, as determined by the Army Grade Determination Review Board (AGDB). b. The AGDB considered his case on 17 November 1997, to determine, if he served satisfactorily on active duty in the grade of SSG. The Board determined that his documented misconduct as a SSG diminished his service at that grade and determined he should be retained on the retired list in the grade of SGT. 12. Army Regulation 635-5 (Separation Documents), dated 15 August 1979, directed to enter active duty grade of rank and pay grade at the time of separation in item 4a and item 4b. For item 14, list in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations. Include title, length in weeks, and year completed. This information is to assist the soldier in job placement and counseling; therefore, the regulation instructed the preparer not to list training courses for combat skills. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the Article 15 received which resulted in a pay grade reduction to Sergeant/E5, the Board determined that the rank depicted on the applicant’s DD Form 214 accurately represented the rank of the applicant at the time of discharge. Additionally, after reviewing the documentary evidence presented by the applicant and found within the military service record, the Board concluded there was insufficient evidence to show that the applicant completed any additional training not already depicted on his DD Form 214. The Board wanted to instruct the applicant that if he had graduation certificates of additional training, he should provide those documents, so that his records can be changed to accurately show those completed courses. 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 635-5 (Separations Documents), dated 15 August 1979, 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. The regulation provided that in: a. Item 4 (a and b) (Grade, Rate or Rank and Pay Grade), to enter active duty grade of rank and pay grade at time of separation. b. Item 14 (Military Education), list in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations. Include title, length in weeks, and year completed. This information is to assist the soldier in job placement and counseling; therefore, the regulation instructed the preparer not to list training courses for combat skills. 3. Army Regulation 15-80 (Army Grade Determination Review Board and Grade Determinations (AGDRB)), dated 28 October 1986, 12 July 2002, establishes policies, procedures, and responsibilities of the AGDRB. For enlisted cases, the AGDRB will make final determinations on behalf of the Secretary of the Army. It will determine the highest grade in which a soldier has served satisfactorily for purposes of service/physical disability retirement, computation of retired pay, or separation for physical disability, and for advancement to a higher grade after 30 years of service. Additionally, the AGDRB will review any other cases referred by the Secretary of the Army. ABCMR Record of Proceedings (cont) AR20160016800 0 4 1