ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 April 2019 DOCKET NUMBER: AR20180016834 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his rank as Staff Sergeant (SSG) and his grade as E6. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders B-08-007391 (Promotion Orders), 18 August 1982 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, 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 retired and was promoted to E6 but his DD Form 214 shows only E5. He asks for this to be corrected and a new DD Form 214 be reissued. 3. The applicant was released from the Regular Army on 9 October 1979. He was transferred to US Army Reserve (USAR) Control Group (Standby Reserve). His rank was Sergeant (SGT)/E5 at the time of his release. 4. The applicant provides Orders B-08-007391, published by USAR Components Personnel and Administration Center dated 18 August 1982. These orders promote him to SSG with a date of rank of 17 September 1982. The applicant was part of USAR Control Group (Reinforcement). 5. Army Regulation 635-5 (Separation Documents) states in item 4a enter the active duty rank held at the time of separation. The applicant was separated for completing his active duty time on 9 October 1979. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board found that the applicant’s promotion orders were effective in September 1982 while he was a member of the United States Army Reserve and determined that the applicant’s rank SGT/E5 was appropriately recorded on his DD Form 214 upon his release from active duty in October 1979. 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. 5/31/2019 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, 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) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states in item 4a enter the active duty rank held at the time of separation.