ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 21 October 2019 
DOCKET NUMBER: AR20160019158

APPLICANT REQUESTS:  reinstate staff sergeant (SSG/E6) rank.

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 is requesting to be reinstated to SSG since it’s been 25 
years on or about 4 March 1991.  He had 18 years with a good record.

3.	A review of the applicant’s service records shows:

   a.	The applicant’s DA Form 2A (Personnel Qualification Record – Part I) shows his 
basic active service date as 2 May 1973.  He enlisted in the Regular Army on
2 May 1973.

   b.	Orders 143-21, issued by Headquarters, Fort Huachuca, Fort Huachuca, AZ, on 
25 July 1983, shows the applicant was promoted to SSG on 1 August 1983.

   c.	His DA Form 2-1 (Personnel Qualification Record – Part II), section III (Service, 
Training, and Other Dates), shows grade SGT and date of rank 910620. Additional 
records pertaining to the applicant’s reduction to SGT are unavailable for the Board to 
review.

   d.	His DD Form 214 (Certificate of Release or Discharge from Active Duty), shows 
he was honorably retired on 31 May 1993.  His DD Form 214 shows in:

*	items 4a (Grade, Rate or Rank) and 4b (Pay Grade) - SGT and E5
*	item 12h (Effective Date of Pay Grade) - 910620



4.	By regulation, AR 635-5 (Personnel Separations - Separation Documents), the 
DD Form 214 is a summary of the Soldier's most recent period of continuous active 
duty. It provides a brief, clear-cut record of all current active, prior active, and prior 
inactive duty service at the time of release from active duty, retirement, or discharge. 
The information entered thereon reflects the conditions as they existed at the time of 
separation.  The instructions for completing the DD Form 214 states for:

*	blocks 4a and 4b (Grade, Rate, or Rank and Pay Grade), enter active duty grade 
or rank and pay grade at time of separation
   *	block 12h, enter the effective date of promotion to pay grade 
BOARD DISCUSSION:
After reviewing the application and all supporting documents, the Board found relief was 
not warranted. The applicant’s contentions were carefully considered. Evidence of 
record shows he achieved the rank of SSG; however, he was reduced to the rank of 
SGT for a reason unbeknownst to the Board.  The Board agreed the reduction was 
most likely due to misconduct, and that the reduction was justly administered by his 
chain of command.  The Board found insufficient evidence to show that the applicant 
was promoted again to SSG prior to his separation. Based on a preponderance of 
evidence, the Board determined that the rank reflected on the applicant's DD Form 214 
was not in error or unjust.

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.


 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.

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 (Personnel Separations - Separation Documents), in 
effect at the time, prescribed the separation documents which are prepared for 
individuals upon retirement, discharge, or release from active military service or control 
of the Active Army. It establishes standardized policy for preparing and distributing the 
DD Form 214 (Certificate of Release or Discharge from Active Duty). Table 2-1 (DD 
Form 214 Preparation Instructions), states for block:

*	blocks 4a and 4b (Grade, Rate, or Rank and Pay Grade), enter active duty grade 
or rank and pay grade at time of separation
*	block 12h, enter the effective date of promotion to pay grade

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