ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 April 2019

	DOCKET NUMBER:  AR20170017788


APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her rank/grade as sergeant (SGT)/E-5 instead of specialist four (SP4)/E-4.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214, dated 22 May 1991
* Orders Number 12-11, dated 13 September 1991
* Orders Number 94-126-054, dated 5 April 1994

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, her promotion to SGT is not reflected on her DD Form 214.  She was promoted to SGT on 13 September 1991 in military occupational specialty 76V (Material Storage and Handling Specialist).  Her DD Form 214 does not reflect her true rank at the time of her discharge.

3.  A review of the applicant’s service records show the following on:

* 27 October 1981 – enlisted in the U.S. Army Reserve
* 12 October 1990 – 15 May 1991 – ordered to active duty in support of Operation Desert Storm/Desert Shield
* 22 May 1991 – honorably released from active duty and transferred to her reserve unit, item 4a (Grade, Rate or Rank) shows SP4/E-4
* 13 September 1991 – Orders Number 12-11, issued by Headquarters, 1175th U.S. Army Transportation Terminal, promoted the applicant to the rank of SGT, effective 13 September 1991
* 27 August 1992 – DD Form 215 (Correction to DD Form 214) was issued, it shows item 12B (Separation Date this Period) of her DD Form 214, ending on 22 May 1991 was corrected to show 3 June 1991
* her record is void of any orders ordering her to active duty for a period of 90 days or greater after her release from active duty

4.  The applicant provides, Orders Number 94-126-054, dated 5 April 1994, showing she was honorably discharged from the USAR in the rank of SGT.

5.  Army Regulation (AR) 635-5 (Separation Documents) states, DD Form 214 is prepared for individuals upon discharge from active military service or control of the Army.  Paragraph 1-4 states, DD Form 214 will be prepared after completing 90 days or more of continuous active duty training, full time training duty, or active duty support.  Item 4a, enter the grade or rank at the time of separation.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The applicant’s contention was carefully considered.  The applicant record shows she was promoted to SGT after the period of service covered by the DD Form 214.  The Board agreed there is no error nor injustice as the DD Form 214 shows the rank she maintained when transferred from Active Duty.

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.


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 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.  AR 635-5 (Separation Documents) states, DD Form 214 is prepared for individuals upon discharge from active military service or control of the Army.  Paragraph 1-4 states, DD Form 214 will be prepared after completing 90 days or more of continuous active duty training, full time training duty, or active duty support.  Item 4a, enter the grade or rank at the time of separation.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170017788
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