ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF:
BOARD DATE: 22 August 2019 
DOCKET NUMBER: AR20180014586

APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty), ending on 30 September 1985 to show his rank/grade as 
staff sergeant (SSG)/E-6 vice sergeant (SGT)/E-5.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, ending 30 September 1985
   *	Advancement on the Retired List effective 19 September 2017 
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 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 recently advanced on the retired list effective 
19 September 2017.  His 1985 DD Form 214 has his rank as SGT.

3.	Review of the applicant's service records shows:

   a.	He was inducted into the Army of the United States on 15 September 1965. He 
was promoted to specialist five (SP5) on 15 June 1967 and to SSG on 11 April 1969.

b.	He reenlisted on 5 March 1979 and served in a variety of assignments.

   c.	On 2 November 1984, Headquarters, 1st Personnel Command, Germany, 
published Orders 216-11 retiring him effective 30 September 1985, in the grade of SSG.

   d.	On 21 September 1985, he accepted nonjudicial punishment under the 
provisions of Article 15 of the Uniform Code of Military Justice for operating a vehicle 
while drunk.  His punishment consisted of a reduction to SGT and forfeiture of pay.
   


   e.	On 27 September 1985, Headquarters, U.S. Army Training Center, Fort Jackson, 
SC published Orders 189-783 amending Orders 216-11 to show he was placed on the 
retired list in the grade of SGT vice SSG.

   f.	He retired on 30 September 1985 and he was placed on the retired list in his 
grade of SGT effective 1 October 1985.  His DD Form 214 shows in:

*	Blocks 4a (Grade, Rate or Rank) and 4b (Pay Grade) SGT and E-5
*	Block 12h (Effective Date of Pay Grade) 1985-09-21

    g.	On 22 May 2018, the Army Grade Determination Review Board convened to 
consider his application for advancement on the retired list under provisions of the 30- 
year grade determination. After a thorough review of his official records, the Board 
determined the highest grade in which he served satisfactorily for the purpose of 
computation of retired pay was E-6/SSG. The date he became, or will become, eligible 
for advancement on the Retired List will be determined by the HU.S. Army Human 
Resources Command (HRC).

   h.	On 23 July 2018, HRC advised the applicant he had been advanced on the 
retired list effective 19 September 2017 to SSG/E-6. Additionally, effective 1 July 1976, 
publication of advancement orders was discontinued. By reason of his advancement in 
grade, he would be entitled to a new identification card and readjustment in his retired 
pay.
4.	By regulation AR 635-5 (Separation Documents), the DD Form 214 is a summary of 
the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut 
record of all current active, prior active, and prior inactive duty service at the time of 
release from active duty, retirement, or discharge. The information entered thereon 
reflects the conditions as they existed at the time of separation.  It stated:

   *	Items 4a and b – the active duty rank pay grade at time of separation
   *	Item 12f – the effective date of the rank/pay grade 
BOARD DISCUSSION:
After reviewing the application and all supporting documents, the Board determined 
relief was warranted. Based upon the 20 years of service prior to the DUI, the Board 
concluded that the reduction in rank was too harsh. For that reason, the Board 
recommended restoring the applicant’s rank to Staff Sergeant with a date or rank of 
11 April 1969.



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 
Army records of the individual concerned be corrected by amending the applicant’s DD 
Form 214 by:

*	changing Item 4a to read “SSG”
*	changing Item 4b to read “E6”
9/23/2019

 X	
CHAIRPERSON
			Signed by:

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 Army Board for Correction of Military Records 
(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, established 
standardized policy for preparing and distributing the DD Form 214. The purpose of the 
separation document is to provide the individual with documentary evidence of his or 
her military service.  The DD Form 214 is a summary of a Soldier's most recent period 
of continuous active service.  The instructions for completing the DD Form 214 
specified:

*	items 4a and 4b show the active duty rank/grade held at the time of separation
*	item 12h shows the effective date of rank (of the rank a Soldier held at the time of 
separation)