ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  18 July 2019

	DOCKET NUMBER:  AR20160019334


APPLICANT REQUESTS: Correction of her record to show the following in effect:

*	a complete update of her service record from 1974 through May 2016 to include 
her 100% disability rating from the Veterans Affairs (VA)
*	consideration for advancement on the Retired list to the rank/grade of staff 
sergeant (SSG)/E-6 instead of sergeant (SGT)/E-5

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 2 (U.S. Uniformed Services Identification Card)
*	Pennsylvania (PA) State identification card
*	Photograph in utility uniform
*	Military records, dated between April 1978 – October 1994
*	American Heart Association Certificate of Appreciation, dated 2016
*	St. Jude Children’s Hospital Certificates of Appreciation, dated February 2015 
and 2016
*	Disabled American Veterans Certificate of Appreciation, dated 1 August and 
1 November 2013
*	Bishop T.D. J- Covenant Declaration Certificate, dated 7 April 2003 and 
11 January 2005
*	Mr. C- D- Covenant Declaration Certificate, dated 10 September 2001
*	Association for Supervision and Curriculum Development Certificate of 
Membership, dated 15 April 1989
*	VA claim adjudication, dated 29 August 2002

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 (ABCMR) 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 her active duty 201 file was not updated prior to her departing 
the service due to various medical appointments at the VA hospital prior to her actual 
discharge.  She was on terminal leave 5 August - 31 October 1994.

3.  Army Regulation (AR) 600-8-104 (Army Military Human Resource Records 
(AMHRR) Management) prescribes Army policy for the disposition of the AMHRR.  The 
official records custodian for retired Soldiers is the National Personnel Records Center 
(NPRC).  Documents discovered on retired Soldiers while in service prior to 1 October 
2002 will be mailed to:

			Commander
			U.S. Army Human Resources Command (AHRC-PDR-R)
			1600 Spearhead Division Avenue, Department 420
			Fort Knox, KY 40122-5402

Upon receipt, the records custodian will ensure the documents are filed at NPRC.  Only 
documents pertaining to a Soldier’s military career will be filed in the official military 
personnel file.  The update of the applicant’s service record will not be discussed any 
further in the record of proceedings.

4.  A review of the applicant’s service records show the following on:

*	29 July 1977 – the applicant enlisted in the Regular Army and served in various 
assignments
*	25 May 1979 – the applicant was promoted to the rank of specialist five 
(SP5)/E-5 effective 1 June 1979 with a date of rank of 12 May 1979
*	10 April 1990 – by memorandum, the applicant was informed that a military 
occupational specialty(MOS)/medical retention board recommended she be 
retained in her current primary MOS
*	8 June 1993 – a recommended list for promotion of enlisted personnel was 
prepared showing the applicant was on the list in the primary zone for promotion 
to the rank of SSG
*	the applicant’s record is void of any orders promoting her to the rank of SSG
*	31 October 1994 – the applicant was honorably retired from active duty, DD 
Form 214 (Certificate of Release or Discharge from Active Duty), item 4a (Grade, 
Rate or Rank) shows SGT

5.  The applicant provides:

*	DD Form 2 showing the applicant’s retired rank of SGT
*	PA State identification card
*	Photograph of the applicant in utility uniform

6.  Title 10 USC, section 3964 states, each retired member of the Army covered by 
subsection (b) (warrant officers and enlisted members) who at the time of retirement, 
are serving on active duty is retired with less than 30 years of active service is entitled, 
when his active service plus his service on the retired list totals 30 years, to be 
advanced on the retired list to the highest grade in which he served on active duty 
satisfactorily, as determined by the Secretary of the Army.

7.  Title 10 USC, section 3961 states, unless entitled to a higher retired grade under 
some other provision of law, a Regular or Reserve of the Army who retires other than 
for physical disability retires in the regular or reserve grade that he holds on the date of 
his retirement.


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board determined that the applicant should provide to the 
appropriate records custodian any additional documents she wishes to be included in 
her AMHRR.  The Board considered the applicant’s statement, her name on a 
recommended list for SSG and the absence of orders promoting her.  The Board 
determined that there was insufficient evidence to show the applicant met the 
requirements for and was promoted on orders to SSG prior to her retirement.  The 
Board found no error or injustice requiring correction.

2.  After reviewing the application and all supporting documents, the Board found the 
relief was not warranted.
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

?
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 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.  Title 10 USC, section 3964 states, each retired member of the Army covered by 
subsection (b) (warrant officers and enlisted members) who at the time of retirement, 
are serving on active duty is retired with less than 30 years of active service is entitled, 
when his active service plus his service on the retired list totals 30 years, to be 
advanced on the retired list to the highest grade in which he served on active duty 
satisfactorily, as determined by the Secretary of the Army.

3.  Title 10 USC, section 3961 states, unless entitled to a higher retired grade under 
some other provision of law, a Regular or Reserve of the Army who retires other than 
for physical disability retires in the regular or reserve grade that he holds on the date of 
his retirement.

ABCMR Record of Proceedings (cont)	 AR20160019334
	
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