ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 April 2020 DOCKET NUMBER: AR20180003048 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank/grade as staff sergeant/E-6. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * two DD Forms 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), dated 1 and 6 December 2017 * Order 298-83, U.S. Army Installation Management Command, Fort George G. Meade, MD, dated 25 October 2010 * Leave and Earnings Statements, dated September 2010-August 2012 * Orders 137-0003, Headquarters, U.S. Army Garrison, Fort George G. Meade, MD, dated 16 May 2012 * DD Form 214 * DD Form 1559 (Inspector General Action Request), dated 1 December 2017 * Standard Form 180 (Request Pertaining to Military Records), dated 1 December 2017 * Email, U.S. Army Human Resources Command (HRC), Fort Knox, KY, dated 1 December 2017, subject: Separation Orders (Applicant) REFERENCES: 1. Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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. 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. Paragraph 2-4 stated for blocks 4a (Grade, Rate or Rank) and 4b (Pay Grade), enter the active duty grade or rank and pay grade at time of separation from the Enlisted Record Brief. FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the 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 separated from the U.S. Army at his expiration term of service on 8 August 2012 in the rank/grade of sergeant/E-5. a. He had no access to the interactive Personnel Records Management System or his permanent records because he was unable to access his Army Knowledge Online account and did not have appropriate access to reset passwords through a computer or through any other means (email or telephone). b. When he was hired as a Federal Civil Service employee at the U.S. Military Academy, West Point, Military Personnel Division, he regained access to his Army Knowledge Online account and subsequently his own interactive Personnel Records Management System account. c. After reviewing all of his documents, he noticed he had orders promoting him to staff sergeant/E-6, dated 25 October 2010, signed and approved by the Fort Meade Military Personnel Division. There were no revocation orders or memorandums denying this promotion. He was never notified of the promotion and was never paid at the higher grade. d. His disability from the Department of Veteran Affairs was based on the rank/grade of sergeant/E-5. e. He would like a copy of anything that shows where and why he was denied promotion. 3. His DA Form 2166-8 (Noncommissioned Officer Evaluation Report) covering the period 1 July 2008 through 28 February 2009 shows he was promoted to sergeant/E-5 effective 1 July 2008 in military occupational specialty 42A (Human Resources Specialist). 4. U.S. Army Installation Management Command, Fort George G. Meade, MD, Order 298-83, dated 25 October 2010, promoted him to the rank/grade of staff sergeant/ E-6 with an effective date and date of rank of 1 November 2010. 5. Headquarters, U.S. Army Garrison, Fort George G. Meade, MD, Orders 137-0003, dated 16 May 2012, discharged him in the rank/grade of sergeant/E-5 effective 8 August 2012. 6. He was honorably discharged on 8 August 2012. Blocks 4a (Grade, Rate, or Rank) and 4b (Pay Grade) of his DD Form 214 show his rank/grade as sergeant/E-5. Block 12i (Effective Date of Pay Grade) shows his date of rank as 1 July 2008. 7. His leave and earnings statements, dated September 2010 through August 2012, show his rank/grade as sergeant/E-5. 8. On 1 December 2017, he requested assistance from the Office of the Inspector General to have the Fort Meade Transition Center adjust his separation orders to reflect the rank/grade of staff sergeant/E-6 9. On 1 December 2017, he also submitted a request to HRC for an unspecified correction to his DD Form 214. 10. The email from HRC to the applicant, dated 1 December 2017, subject: Separation Orders (Applicant), shows HRC emailed his separation orders and instructed him to send his separation orders and promotion orders to the Fort Meade Transition Center requesting issuance of corrected or amended orders reflecting his rank/grade as staff sergeant/E-6 instead of sergeant/E-5. Once he received his corrected separation orders, he could send all documentation to HRC for issuance of a DD Form 215 (Correction to DD Form 214). 11. On 11 March 2020, the Chief, Department of the Army Promotions, HRC, recommended approval of the applicant's request for correction of his DD Form 214 to show his rank/grade as staff /E-6 with an effective date and date of rank of 1 November 2010. The Chief, Department of the Army Promotions, further stated the applicant is entitled to back pay. 12. On 31 March 2020, the Army Review Boards Agency forwarded the advisory opinion to the applicant for acknowledgement/comment. He did not respond. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant relief. The applicant’s contentions, his military record, a Human Resources Command advisory opinion, and regulatory guidance were carefully considered. The governing regulation provides that at separation the service member’s record will be used to enter accurate information when completing their DD Form 214. The Board concurred with the advisory opinion official finding there was sufficient documentation to show he held the rank of Staff Sergeant (SSG) with an effective date of 1 November 2010; thereby warranting correction in this case. Such relief shall result in back pay. 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 his DD Form 214 for the period ending 8 August 2012 by showing: * Block 4a (Grade, Rate or Rank), SSG * Block 4b (Pay Grade), E-6 * Block 12i (Effective Date of Pay Grade) 2010-11-01 * such relief shall result in back pay 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180003048 4 1