ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 September 2019 DOCKET NUMBER: AR20170006059 APPLICANT REQUESTS: correction his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change * Block 4a (Grade, Rate, or Rank) from specialist (SPC) to sergeant (SGT) * Block 4b (Pay Grade) from E-4 to E-5, * Block 12h (Effective Date of Pay Grade) from 1 December 1996 to 18 December 1996 * Block 19a (Mailing Address after Separation) from ##XX X____ drive Roanoke, VA 2xx17 to ## X___ drive Roanoke, VA North West (NW) * Block 19b (Nearest Relative) from X__ X__X__ ##XX X___ drive Roanoke, VA 2xx17 to X__ X__X__ ##XX X___ drive Roanoke, VA North West (NW) 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 that he would like his DD Form 214 corrected to change block 4a (Grade, Rate, or Rank) from specialist to sergeant, block 4b (Pay Grade) from E-4 to E-5 and block 19a (Mailing Address after Separation) from 50XX X___ drive Roanoke, VA 2xx17 to ##XX X___ drive Roanoke, VA North West (NW) and block 19b (Nearest Relative) from X__ X__X__ ##XX X___ drive Roanoke, VA 2xx17 to X__ X__X__ ##XX X___ drive Roanoke, VA North West (NW). He further states that when he was in Hungary and Croatia during Operation Joint Endeavor, he was promoted to SGT/E-5 and that all of his service records have SGT on them. He would also like his nearest relative to reflect his current spouse in block 19b. 3. A review of the applicant’s record shows the following: a. He enlisted in the United States Army Reserve (USAR) on 24 August 1989. b. He entered active duty on 18 June 1996. He served in Germany, Hungary, and Croatia. c. His DA Form 2-1 (Personnel Qualification Record) section III (Service, Training and other Dates) Item 18 (Appointments and Reductions) shows promotion to SGT in eth USAR on 18 December 1996. d. His DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the rating period December 1996 through June 1997 shows in Part I (Administrative Data) block c (Rank) SGT and block d (Date of Rank) 18 December 1996. e. He was honorably released from active duty and transferred back to the USAR on 27 February 1997. His DD Form 214 shows in: * Block 4a, CPL and Block 4b E-4 * Block 12h, the effective date of his pay grade 1 December 1996 * Block 19a, his mailing address after separation as 50XX Yo_gBl_d drive Roanoke, VA North West (NW) * Block 19b, the name of his nearest relative as X__ X__X__ ##XX X___ drive Roanoke, VA 2xx17 4. By regulation, AR 635-5, 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. * 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 12h (Effective Date of Pay Grade), enter the effective date of promotion to pay grade * Block 19a, this address must be a permanent address. Civilian penal institutions will not be accepted. Advise a Soldier that the name and address of a relative should be someone who will know their location and address at all times. When a relative is not available, use a close friend. When the person is at the same address as 19a, * Block 19b, will be provided by the Soldier. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined partial relief was warranted. Based upon the information provided and found within the military service record, the Board concluded that the documentary evidence shows that at the time of the DD Form 214, the applicant’s rank was SGT, with a date of rank of 18 December 1996. Therefore, there was an error on the DD Form 214 which warranted correction. However, the Board found insufficient evidence to show that the mailing address and nearest relative shown on the DD Form 214 was not correct at the time of the DD Form 214 being published. Therefore, the board recommended denying that portion of the request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by changing: * (Item 4a) Grade, Rate, or Rank to read: “SGT” * (Item 4b) Pay Grade to read: “E5” 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the mailing address and nearest relatively information as reflected on the applicant’s DD Form 214. 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. By regulation, Army Regulation (AR) 635-5 (Separation Documents) states 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 * 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 12h (Effective Date of Pay Grade), enter the effective date of promotion to pay grade * Block 19a (mailing address after separation) this address must be a permanent address. Civilian penal institutions will not be accepted. Advise a Soldier that the name and address of a relative should be someone who will know their location and address at all times. When a relative is not available, use a close friend. When the person is at the same address as 19a, * Block 19b, (nearest relative) will be provided by the Soldier ABCMR Record of Proceedings (cont) AR20170006059 3 1