ARMY BOARD FOR CORRECTION OF MILITARY RECORDS Record of Proceedings BOARD DATE: 28 February 2020 DOCKET NUMBER: AR20180001670 APPLICANT REQUESTS: The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his promotion to sergeant first class (SFC)/E-7. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Fort Hood, TX, Transition Center memorandum * Two Army Review Boards Agency (ARBA) letters * DD Form 214 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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 he was promoted to SFC while on terminal leave, but never received a corrected DD Form 214; his sergeant major tried to keep the applicant's promotion a secret. The applicant contends he was promoted and he should be able to prove it. 3. The applicant's service records show: a. Having had prior enlisted service in both the Regular Army and the U.S. Army Reserve, the applicant enlisted into the Regular Army on 6 January 1983. Effective 23 March 1989, his chain of command promoted him to staff sergeant (SSG)/E-6. On 21 November 1991, the applicant immediately reenlisted for 4 years, and his resulting expiration term of service (ETS) became 20 November 1995. b. On 11 May 1995, Fort Hood published separation orders indicating the applicant was scheduled to ETS on 20 November 1995; the orders listed his rank as SSG. c. The applicant provides a Fort Hood memorandum, dated 14 November 1995 and addressed to the National Personnel Records Center (NPRC), which requested NPRC to correct the applicant's DD Form 214 to reflect he was promoted to the rank/grade of SFC/E-7 on 1 November 1995. d. On 20 November 1995, the applicant's separation order was amended to show he would be enlisting into the Texas Army National Guard (TXARNG) immediately upon Regular Army discharge; these orders listed his rank as SFC. Also on that date, the applicant was honorably discharged from the Regular Army, and he enlisted into the TXARNG; his Regular Army DD Form 214 states his rank was SSG, while his TXARNG DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) identifies his rank as SFC. e. A review of the applicant's online personnel record, available on the U.S. Army Human Resources Command's (HRC) Soldier Management System (SMS), indicates the applicant's rank is SFC, and reflects his date of rank as 1 November 1995. His official military personnel file is void of the applicant's promotion orders to SFC, and, according to the Senior Enlisted Promotions Branch at HRC, senior enlisted promotion board results from 1995 are no longer available. 4. The applicant requests correction of his DD Form 214 to show his promotion to SFC; no orders are available to validate the applicant's promotion, but SMS and some official documents indicate, effective 1 November 1995, he was promoted to SFC. 5. Current Army policy states Soldiers promoted to SFC will incur a 3-year service obligation; those Soldiers who do not having sufficient time remaining must either reenlist or extend to meet the obligated service, or decline the promotion. By contrast, the version of Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions) in effect in 1995 did not require the promoted Soldier to extend or reenlist to meet a service obligation when they were ETSing. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the absence of promotion orders, a Fort Hood Memorandum, the available evidence in personnel systems reflecting his promotion to SFC and a request for records correction of his rank at discharge. The Board considered the policy for promotion at the time of the applicant’s separation, the email correspondence from AHRC and his continued service in the TXARNG. Based on a preponderance of evidence, the Board determined that the rank reflected on the applicant’s DD Form 214 was in error and that a correction was necessary. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 the Army records of the individual concerned be corrected by amending the DD Form 214 for the period of service ending 20 November 1995 as follows: - Item 4.a (Grade, Rate or Rank) – “SFC” vice “SSG”; - Item 4.b (Pay Grade) – “E7” vice “E6.” X CHAIRPERSON 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 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 600-8-19, in effect at the time, stated Soldiers promoted to grades SFC, MSG, and SGM incurred a 2–year service obligation. The service obligation was to be from the effective date of the promotion before voluntary non-disability retirement, unless soldiers are in one of the following categories: * Eligible for retirement by completing 30 or more years active Federal service * Already eligible through prior service for a higher grade at time of retirement * Age 55 or older * Expiration term of service 3. AR 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 was to list the separating Soldier's active duty grade of rank and pay grade that was effective at the time of separation. //NOTHING FOLLOWS//