IN THE CASE OF: BOARD DATE: 25 February 2020 DOCKET NUMBER: AR20180012318 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her rank/grade as sergeant (SGT)/E-5 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, covering the period 29 June 2004 through 15 December 2004 * DD Form 214, covering the period 4 August 2005 through 1 December 2006 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States 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 she was medically retired and advanced from specialist (SPC)/E-4 to SGT/E-5, but her DD Form 214 shows SPC/E-4. She would like it to reflect her retired rank/grade. Her DD Form 214 was issued before her medical retirement. All correspondence she has received lists her as SGT. 3. A DD Form 4 (Enlistment/Reenlistment Document) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 9 February 2004, in the rank/grade of private (PV1)/E-1. 4. A DD Form 214, covering the period 29 June 2004 through 15 December 2004, shows the applicant was released from active duty training after 5 months and 17 days of active duty service this period and returned to her USAR unit. Her rank/grade is listed as PV1/E-1. 5. A review of the U.S. Army Human Resources Command (HRC), Soldier Management System (SMS) shows the applicant’s rank/grade to be SPC/E-4 with a date of rank of 12 October 2005 and returned to her USAR unit. 6. A second DD Form 214, covering the period 4 August 2005 through 1 December 2006, shows she was ordered to active duty with service in Iraq from 14 November 2005 through 23 October 2006. She was honorably released from active duty after 1 year, 3 months, and 28 days of net active service. Her rank/grade is listed as SPC/E-4. 7. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), shows she extended her enlistment in the USAR Control Group (Reinforcement) on 30 July 2013 by 6 months. Her grade is shown as E-4. 8. A DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings), shows a PEB convened on 20 September 2013 and found the applicant physically unfit with a recommended rating of 80 percent and that her disposition be permanent disability retirement. Her rank is listed on the form as SPC. She concurred with the PEB findings and waived a formal hearing of her case on 7 October 2013. 9. U.S. Army Physical Disability Agency (APDA) Orders D 298-09, dated 25 October 2013, released her from her assignment in the USAR Control Group (Reinforcement) because of physical disability and placed her on the retired list effective 29 November 2013 with a disability percentage of 80 percent. The orders list her retired grade of rank as E-4 and address her as SPC. 10. There is no evidence of record and the applicant has not provided any showing she was ever advanced in rank/grade to SGT/E-5. 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, her record of service, the two periods of active duty, her continued service in the USAR and her retirement due to physical disability. The Board found no evidence that the applicant was recommended, selected for or promoted to SGT during her service and the applicant provided none in support of her statement. Based on a preponderance of evidence, the Board determined that the applicant’s rank as it appears on her DD Forms 214 and her retirement orders was was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotions and reduction of Army enlisted personnel and applied to the Active Army, the Army National Guard/Army National Guard of the United States, and the U.S. Army Reserve. It states promotion to the rank/grade of sergeant/E-5 will be announced in promotion orders. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents, to include the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. The general instructions stated to ensure that all information entered on the DD Form 214 is accurate and that source documents from the Soldier’s records were to be used to verify the entered information, to include rank/grade at the time of the issuance of the DD Form 214. There are no provisions allowing for the addition of achievements accomplished subsequent to the period covered by a DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180012318 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1