ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 March 2019 DOCKET NUMBER: AR20170013389 APPLICANT REQUESTS: Correction of his Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as sergeant (SGT)/E-5 instead of specialist (SPC)/E-4. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * 2 - Enlisted Record Briefs (ERB) dated, 2 December 2010 and 4 November 2011 * Defense Finance and Accounting Service Military Leave and Earnings Statement (LES), pay period 1-31 November 2010 * DA Form 3355 (Promotion Point Worksheet), dated 30 November 2009 * Automated DA Form 3355, dated 16 June 2010 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 promoted to SGT/E-5 on 1 September 2010. However he received a Company-Grade Article 15 on 25 October 2010, which included a rank reduction to private first class PFC /E-3. He was not aware at the time of reduction that such a reduction was not permissible according to Uniform Code of Military Justice. 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 8 June 2006. b. On 10 June 2011, Headquarters, U.S. Army Garrison, Fort Drum, NY published Orders 161-1012 ordering his discharge effective 30 September 2011. The orders listed his rank as SPC. c. He was honorably released from active duty on 30 September 2011. His DD Form 214 shows in: * item 4a (Grade, Rate or Rank) SPC and 4b (Pay Grade) E-4 * item 12i (Effective Date of Pay Grade), 1 March 2011 4. He provides the following items for consideration in his case: a. DA Form 3355 to show he went to the promotion board on 30 November 2009. An automated DA Form 3355 to show he was reevaluated and recommended for promotion to sergeant (SGT)/E-5, on 16 June 2010. b. ERB, dated 2 December 2010, shows he was advanced to SPC/E-4 on 1 April 2008 and to SGT/E-5 on 1 September 2010. It also show that he was flagged for an adverse action (Code AA) on 25 October 2010. c. ERB, dated 2 December 2010, and a second ERB, dated 4 November 2011, both show he was reduced to PFC/E-3 on 13 November 2010. His Article 15 is not available for review with this case. d. LES for 1-31 November 2010 that shows his pay grade was sergeant (SGT)/E-5. e. ERB, dated 4 November 2011, shows he was promoted back to SPC/E-4 on 1 March 2011. 5. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation. The regulation provided for entering the active duty grade or rank and pay grade at time of separation from ERB. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that relief was not warranted. Because the applicant ETS’d in the rank of Specialist and was not promoted to Sergeant prior to his end of service, the Board found relief was not appropriate. ? 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. SIGNATURE: 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 (Separation Documents) established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2.4 (Completing the DD Form 214) stated for Grade, rate, or Rank, enter active duty grade or rank and pay grade at time of separation from ERB/ORB. 3. AR 635-8 (Separation Processing and Documents), currently in effect, prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states the separation document is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Paragraph 5-6 stated for Block 4: Grade, Rate, or Rank, verify that active duty grade or rank and pay grade are accurate at time of separation. ABCMR Record of Proceedings (cont) AR20170013389 4 1