ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 October 2019

	DOCKET NUMBER:  AR20170001586


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) block 4a (Grade, Rate, or Rank) from specialist to 
sergeant and block 4b (Pay Grade) from E-4 to E-5, and block 12i (Date of Rank) 
from 22 September 2007 to 13 March 2013.

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 (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 that he would like the Board to review and correct his 
discharge records.  He understands that is has been over 3 years since he was 
released from active duty.  He was not aware of the Board of correction for his 
DD Form 214 at the time.  He would like to have his official records corrected for 
career and personal purposes.  He asks that the Board please consider this injustice 
and please proceed to make all necessary corrective adjustments.

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

	a.  He enlisted in the Army National Guard (ARNG) on 22 September 2007.

	b.  Orders 063-0003, dated 4 March 2013, releases the applicant from active 
duty and shows the rank of specialist/SPC.

	c.  Orders 072-1135, dated 13 March 2013, shows that the applicant was 
promoted to the rank of sergeant/E-5 effective 13 March 2013.

	d.  He was released from active duty on 27 March 2013.  His DD Form 214 
shows in item block 4a (Grade, Rate or Rank) SPC, block 4b (Pay Grade) E-4.  It 
also shows that he completed 1 year, 2 months, and 1 day of active duty service.

	e. NGB (National Guard Bureau) Form 22 (Report of Separation and Record of 
Service) shows in block a (Rank) SGT, block 5b (Pay Grade) E-5, and block 6 (Date 
of Rank) 13 March 2013.

4.  By regulation, Army Regulation (AR) 635-5 (Separation Documents) 

*	Block 5a, (Grade, Rate or Rank) enter active duty grade or rank at time of 
separation
*	Block 5b, (Pay Grade) enter active duty pay grade at the time of separation
*	Block 6, (Date of Rank) enter the effective date of promotion to pay grade

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief 
was warranted.  The applicant’s contentions were carefully considered.  Evidence of 
record shows he promoted to the rank of SGT prior to his separation date; however, 
the rank of SGT was not listed on his DD Form 214.  The Board agreed there was 
an error on his separation document which warranted correction.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


?
BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department 
of the Army records of the individual concerned be corrected by amending his DD 
Form 214 for the period ending 27 March 2013 by:

     a.  block 4a – showing the entry “SGT”

     b.  block 4b – showing the entry “E5”; and 

     c.  block 12i – showing the entry “2013 03 13”

	  
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 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.  By regulation, Army Regulation (AR) 635-5 (Separation Documents) 

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


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170001586
	
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