ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  16 October 2019

	DOCKET NUMBER:  AR20170016684


APPLICANT REQUESTS:  his rank be changed on his DD Form 214 (Certificate of 
Release or Discharge from Active Duty)

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 
*	Order No 056-0005 (Promotion Order)

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 his DD Form 214 has the wrong rank.  He was promoted to 
SGT/E-5.

3.  The applicant provides:

	a.  A copy of his DD Form 214 for the period ending 26 February 2013.

	b.  A copy of Order No 056-005, dated 25 February 2013, which shows he was 
promoted to SGT/E-5 with an effective date of 1 March 2013 (after his release from 
active duty).

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

	a.  He enlisted in the Regular Army on 16 June 2009.

	b.  He served in Afghanistan from 10 January 2010 through 26 August 2010 and 
from 15 February 2012 through 10 September 2012.

	c.  He was released from active duty and assigned to the USAR on 26 February 
2013.  His DD Form 214 shows he completed 3 years, 8 months and 11 days of net 
active service.  It also shows in:

*	item 4a (Grade, Rate or Rank) SPC/E-4
*	item 4b Pay Grade E-4
*	item 12i (Effective Date of Pay Grade) 1 January 2011

5.  By regulation, 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.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the 
relief was not warranted.  The applicant’s contentions were carefully considered.  
Evidence of record shows he was promoted in the USAR after the period covered by 
the DD Form 214.  The Board agreed records must reflect the conditions and 
circumstances that existed at the time the records were created.

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.

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.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed 
the separation documents that must be prepared for Soldiers upon retirement, 
discharge, or release from active duty service or control of the Active Army.  It 
established standardized policy for preparing and distributing the DD Form 214.  The 
general instructions stated all available records would be used as a basis for 
preparation of the DD Form 214.


//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170016684

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