ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                

                  BOARD DATE:  17 May 2019

                  DOCKET NUMBER:  AR20170015121

APPLICANT REQUESTS:  Correction of his DD Form 214 (Certificate of Release of 
Discharge from Active Duty) to reflect his rank as Sergeant (SGT)/E5.

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)
*	Bronze Star Medal (BSM) orders

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/E5 not to Specialist Five (SP5)
*	his BSM orders lists him as a SGT
*	he would like his records to reflect the proper rank for his family so when he 
passes it is properly addressed on his headstone

3.  The applicant provides and his service records include orders awarding him the 
BSM.  He is listed as a SGT on the order.

4.  The applicant’s records have documents which list the applicant as both a SGT and 
a SP5.  His records are void of and the applicant did not provide his promotion orders to 
E5.

5.  Army Regulation 600-200 provided guidelines that stated company commanders 
could appoint qualified individuals as acting sergeants (E-5) to serve in position 
vacancies existing in their units.  An acting noncommissioned officer's (NCO) status 
would be terminated at the discretion of the commander who made the appointment, 
upon assignment of a regular appointed NCO to the position, or upon reassignment to 
another unit.

6.  Army Regulation 600-20 (Army Command Policy) shows that at the pay grade E-5 a 
Soldier could be either a SGT or a SP5.  A sergeant normally held a leadership position 
while a specialist performed duties based on their acquired proficiency in the technical 
or administrative aspects of their MOS field.  The applicant's records are void of and the 
applicant did not provide evidence that he was in a leadership position at the time of his 
promotion.  

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  It establishes standardized policy for the 
preparation of the DD Form 214, which provides a brief, clear-cut record of active Army 
service at the time of release from active duty, retirement or discharge.  It states:

*	in blocks 4a-c, enter the active duty grade, rank and pay grade held at the time 
of separation
*	in blocks 12i, from the most recent promotion document (or reduction 
instrument), enter the effective date of promotion or reduction to the current pay 
grade

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was warranted.  The Board found sufficient evidence that the applicant served as a 
sergeant (SGT)/E-5 and was identified as a SGT/E-5 in a leadership position.  The 
Board agreed that his DD Form 214 incorrectly identifies him as a Specialist-5 (SP5).


?
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 
Army records of the individual concerned be corrected by amending his DD Form 214 to 
show in blocks 5a (Grade, Rate or Rank) to show his rank as “SGT” vice “SP 5.”


												 
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 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 600-200 (Enlisted Personnel Management), in effect at the time, 
prescribed policies, responsibilities, and procedures pertaining to career management 
of Army enlisted personnel.  Section VII (Enlisted Aspects of Command), paragraph 
25e (Acting noncommissioned officers) provides that company, troop, battery, and 
separate detachment commanders may appoint qualified individuals as acting 
sergeants (E-5) in accordance with AR 624-200 to serve in position vacancies.  While 
so acting they will wear the insignia and have the responsibilities, authority, and 
privileges of the position to which appointed, except that they will not be entitled to the 
pay and allowances of such higher grades, and such service will not, be credited as 
time in a higher grade for appointment or date of rank purposes.

3.  Army Regulation 600-20 (Army Command Policy) shows that at the pay grade E-5 a 
Soldier could be either a SGT or a SP5.  A sergeant normally held a leadership position 
while a specialist performed duties based on their acquired proficiency in the technical 
or administrative aspects of their MOS field.

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  It establishes standardized policy for the 
preparation of the DD Form 214, which provides a brief, clear-cut record of active Army 
service at the time of release from active duty, retirement or discharge.  It states:

*	in blocks 4a-c, enter the active duty grade, rank and pay grade held at the time 
of separation
*	in blocks 12i, from the most recent promotion document (or reduction 
instrument), enter the effective date of promotion or reduction to the current pay 
grade


	



ABCMR Record of Proceedings (cont)		AR20170015121
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