ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 September 2019

	DOCKET NUMBER:  AR20180015269


APPLICANT REQUESTS:  correction of her military records to reflect Sergeant 
(SGT/E5) rather than Specialist (SPC/E4). 


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

DD Form 149 (Application for Correction of Military Record)

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 that her rank is not reflected correctly within her military records.  
She was promoted on October of 2010 to the rank of SGT.  Many of her records are not 
within the systems of the Department of Veterans Affairs, the Human Resources 
Command or any other military automated system.  She has attempted to address this 
through her State Adjutant’s Office, but has been unsuccessful.  She further states that 
she was promoted to SPC on 4 July 2005 and was discharged honorably in 2011.  She 
was not a SPC for 6 years as she was promoted to SGT almost 1 year prior to 
separating from the military.  Her unit failed to update any of her records accordingly.

3.  The applicant does not provide nor does a review of her service records reflect 
promotion orders to E-5.  

4.  A review of the applicant’s available service records shows the following: 

*	29 March 2000 – she enlisted in the Army National Guard (ARNG)
*	1 April 2001 (Order# 087-019) – she was discharged from the ARNG for 
defective enlistment 
*	25 January 2005 – she enlisted in the ARNG for 7 years at the rank of Private 
(PV2/E2) 
*	25 January 2005 – she was advanced to Private First Class (PFC/E3)
*	4 July 2005 – she was advanced to SPC
*	15 February 2007 (Order# 046-1102) – she was transferred from the Louisiana 
Army National Guard to the Texas Army National Guard at the rank of PV2 
effective 10 February 2007 
*	15 November 2011 (Order# 319-1099) – she was discharged from the Texas 
Army National Guard at the rank of SPC effective 4 December 2011
*	4 December 2011 – NGB Form 22 (National Guard Report of Separation and 
Record of Service) reflects her rank as SPC upon separation

5.  Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its 
consideration of each case with the presumption of administrative regularity.  The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.
6.  AR 600-8-19 (Enlisted Promotions and Reductions) states that Soldiers incur a 12 
month service obligation from the effective date of promotion to SGT.  Individuals who 
accept promotions will fulfill their service remaining obligations in the ARNG.  

7.  Paragraph 7-12 (Promotion Instrument) states that promotions to SGT through 
Sergeant’s Major are announced on orders.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.

2.  The Board agreed that, in the absence of orders or other military records showing 
the applicant was promoted to SGT, there is no basis for granting the requested relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

XX:	XX:	XX:	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, 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 (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its 
consideration of each case with the presumption of administrative regularity.  The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.
3.  AR 600-8-19 (Enlisted Promotions and Reductions) states that Soldiers incur a 12 
month service obligation from the effective date of promotion to SGT.  Individuals who 
accept promotions will fulfill their service remaining obligations in the ARNG.  

4.  Paragraph 7-12 (Promotion Instrument) states that promotions to SGT through 
Sergeant’s Major are announced in orders.


ABCMR Record of Proceedings (cont)	 AR20180015269

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